[Cite as Clark v. Miller, 2013-Ohio-2958.]
STATE OF OHIO, BELMONT COUNTY
IN THE COURT OF APPEALS
SEVENTH DISTRICT
RICHARD D. CLARK ) CASE NO. 13 BE 13
)
PETITIONER )
)
VS. ) OPINION AND
) JUDGMENT ENTRY
MICHELLE MILLER, WARDEN )
)
RESPONDENT )
CHARACTER OF PROCEEDINGS: Petition for Writ of Habeas Corpus
JUDGMENT: Dismissed.
APPEARANCES:
For Petitioner: Richard D. Clark, Pro se
#A647-758
Belmont Correctional Institution
P.O. Box 540
St. Clairsville, Ohio 43950
For Respondent: Atty. Mike DeWine
Attorney General of Ohio
Atty. Mary Anne Reese
Assistant Attorney General
Criminal Justice Section
441 Vine Street, Suite 1600
Cincinnati, Ohio 45202
JUDGES:
Hon. Cheryl L. Waite
Hon. Joseph J. Vukovich
Hon. Mary DeGenaro
Dated: June 28, 2013
[Cite as Clark v. Miller, 2013-Ohio-2958.]
PER CURIAM.
{¶1} Petitioner Richard D. Clark has filed a petition for writ of habeas corpus
pursuant to R.C. 2725.01, et seq. He requests to be immediately released from
prison because he allegedly was not credited with 249 days of jail-time credit.
Petitioner failed to attach any pertinent commitment papers to his petition as required
by R.C. 2725.04(D). Petitioner refers to four different criminal case numbers in his
petition, and it is unclear from the petition what county, or even what state, is involved
in any of these cases, much less any particulars about the reasons for and length of
the sentence of incarceration in any of the cases. Failure to attach copies of
commitment papers, such as the judgment entry of sentence, as part of the original
filing of the petition for habeas corpus requires the dismissal of the petition. Bloss v.
Rogers, 65 Ohio St.3d 145, 146, 602 N.E.2d 602 (1992).
{¶2} Further, Petitioner failed to attach to his petition an affidavit describing
the civil actions he has filed within the past five years, as required by R.C.
2969.25(A). The Ohio Supreme Court has held that the requirements in R.C.
2969.25(A) apply to state habeas corpus actions. Fuqua v. Williams, 100 Ohio St.3d
211, 2003-Ohio-5533, 797 N.E.2d 982, ¶2, 6-9. Failure to file the required affidavit of
prior civil actions is grounds for immediate dismissal of a habeas petition, and the
petition cannot be amended to correct the error. Waters v. Wolfe, 7th Dist. No. 06
NO 336, 2007-Ohio-358, ¶11; State ex rel. Washington v. Ohio Adult Parole Auth., 87
Ohio St.3d 258, 259, 719 N.E.2d 544 (1999); Fuqua at ¶9. Since we resolved one of
Petitioner's prior habeas filings only a few months ago, we are well aware that he has
at least one prior case that should have been included on the mandatory notification.
-2-
Clark v. Miller, 7th Dist. No. 12 BE 32, 2012-Ohio-5606. Petition sua sponte
dismissed.
{¶3} Final order. Clerk to serve notice as provided by the Civil Rules.
Waite, J., concurs.
Vukovich, J., concurs.
DeGenaro, P.J., concurs.