Opinion
No. 97-A-0085.
Release March 13, 1998.
Appeal from Ashtabula County.
Petition dismissed. See Per Curiam Opinion and Judgment Entry. (FORD) (CHRISTLEY) (O'NEILL)
EXTRAORDINARY WRITS:
A writ of habeas corpus will not issue where the petition does not allege that the petitioner is presently incarcerated.
Where the petitioner has failed to name the proper party as the respondent in the petition, dismissal of the action is warranted on the basis that the petitioner has failed to satisfy the requirements of R.C. 2725.04(B). In most cases, the proper respondent in a habeas corpus action is the jailor or warden of the penitentiary.