[Cite as State ex rel. Johnson v. Tibbals, 2013-Ohio-3539.]
COURT OF APPEALS
RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
JUDGES:
STATE EX REL. RICKY JOHNSON, : Hon. W. Scott Gwin, P.J.
AKA RODNEY KNUCKLES : Hon. William B. Hoffman, J.
: Hon. Sheila G. Farmer, J.
Petitioner :
:
-vs- : Case No. 13CA27
:
TERRY TIBBALS, WARDEN OF THE :
MANSFIELD CORRECTIONAL : OPINION
INSTITUTION
Respondent
CHARACTER OF PROCEEDING: Writ of Habeas Corpus
JUDGMENT: Dismissed
DATE OF JUDGMENT ENTRY: August 15, 2013
APPEARANCES:
For Petitioner For Respondent
RICKY JOHNSON, PRO SE THELMA THOMAS PRICE
Mansfield Correctional Institute Assistant Attorney General
Box 788 150 East Gay Street, 16th Floor
1150 North Main Street Columbus, OH 43215
Mansfield, OH 44901
[Cite as State ex rel. Johnson v. Tibbals, 2013-Ohio-3539.]
Gwin, P.J.
{¶1} Petitioner, Ricky Johnson, has filed a petition for Writ of Habeas Corpus
alleging unlawful detention based upon his contention that “the trial court erred when it
conducted a bench trial, since the record contains no witten (sic) waiver of his legal
constitutional rights to a jury trial pursuant to R.C. 2945-05.” Respondent has filed a
motion to dismiss based in part upon Petitioner’s failure to comply with the procedural
requirements for a petition for writ of habeas corpus.
{¶2} We find it unnecessary to address the claim raised in the Petition because
we agree with Respondent that Petitioner has failed to comply with the procedural
requirements for a habeas petition.
{¶3} A review of the complaint reveals Petitioner has failed to attach all
necessary commitment papers in compliance with R.C. 2725.04(D).
{¶4} The Supreme Court has held failure to comply with this requirement is a
fatal defect which cannot be cured, “[C]ommitment papers are necessary for a complete
understanding of the petition. Without them, the petition is fatally defective. When a
petition is presented to a court that does not comply with R.C. 2725.04(D), there is no
showing of how the commitment was procured and there is nothing before the court on
which to make a determined judgment except, of course, the bare allegations of
petitioner's application.” Bloss v. Rogers, 65 Ohio St.3d 145, 602 N.E.2d 602.
{¶5} We find failure to include all pertinent commitment papers has made a
complete understanding of the petition impossible.
{¶6} Further, Petitioner has further failed to comply with R.C. 2969.25 by failing
to file an affidavit detailing his prior civil filings. The Supreme Court has held, “The
Richland County, Case No. 13CA27 3
requirements of R.C. 2969.25 are mandatory, and failure to comply with them subjects
an inmate's action to dismissal.” State ex rel. White v. Bechtel, 99 Ohio St.3d 11, 2003–
Ohio–2262, 788 N.E.2d 634, ¶ 5. Noncompliance with R.C. 2969.25 warrants dismissal.
State ex rel. Graham v. Niemeyer (2005), 106 Ohio St.3d 466, 106–467, 835 N.E.2d
1250, 1251.
{¶7} Petitioner's failure to include these items requires dismissal of this case.
For this reason, the Petition for Writ of Habeas Corpus is dismissed.
By Gwin, P.J.,
Hoffman, J., and
Farmer, J., concur
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. WILLIAM B. HOFFMAN
_________________________________
HON. SHEILA G. FARMER
WSG:clw 0723
[Cite as State ex rel. Johnson v. Tibbals, 2013-Ohio-3539.]
IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE EX REL. RICKY JOHNSON, :
AKA RODNEY KNUCKLES :
:
Petitioner :
:
:
-vs- : JUDGMENT ENTRY
:
TERRY TIBBALS, WARDEN OF THE :
MANSFIELD CORRECTIONAL :
INSTITUTE :
:
:
Respondent : CASE NO. 13CA27
For the reasons stated in our accompanying Memorandum-Opinion, the Petition for
Writ of Habeas Corpus is dismissed. Costs to Petitioner.
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. WILLIAM B. HOFFMAN
_________________________________
HON. SHEILA G. FARMER