[Cite as Turner v. Lorain Corr. Inst., 2014-Ohio-2192.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101350
JOHN L. TURNER, JR.
RELATOR
vs.
LORAIN CORRECTIONAL
INSTITUTION, ET AL.
RESPONDENTS
JUDGMENT:
WRIT DISMISSED
Writ of Habeas Corpus
Order No. 474738
RELEASE DATE: May 19, 2014
FOR RELATOR
John L. Turner, pro se
#584-320
Lorain Correctional Institution
2075 South Avon Belden Road
Grafton, Ohio 44044
ATTORNEY FOR RESPONDENTS
Lorain Correctional Institution and Ohio Adult Parole Authority
Mike DeWine
Ohio Attorney General
30 East Broad Street
Columbus, Ohio 43215
LARRY A. JONES, SR., P.J.:
{¶1} Petitioner John L. Turner, Jr. (“Turner”) filed this habeas corpus action
seeking immediate release from prison. Sua sponte, the petition must be dismissed for the
reason that follows.
{¶2} R.C. 2725.03 provides:
If a person restrained of his liberty is an inmate of a state benevolent or
correctional institution, the location of which is fixed by statute and at the
time is in the custody of the officers of the institution, no court or judge
other than the courts or judges of the county in which the institution is
located has jurisdiction to issue or determine a writ of habeas corpus for his
production or discharge. Any writ issued by a court or judge of another
county to an officer or person in charge at the state institution to compel the
production or discharge of an inmate thereof is void.
{¶3} “The proper forum for a habeas corpus action is the appropriate court within
the territory in which the prisoner’s institution is located.” Henderson v. Houk, 8th Dist.
Cuyahoga No. 94254, 2009-Ohio-6475, ¶ 1, citing, R.C. 2725.03; Bridges v. McMackin,
44 Ohio St.3d 135, 541 N.E.2d 1035 (1989), other citations omitted. Petitioner alleges
that he is incarcerated at Lorain Correctional Institution; which is located in Lorain
County, Ohio. Because Turner is not incarcerated within Cuyahoga County, this court
lacks the jurisdiction to address the petition for a writ of habeas corpus and, accordingly,
the petition is dismissed.
{¶4} It is further ordered that the clerk shall serve upon all parties notice of this
judgment and date of entry pursuant to Civ.R. 58(B). Costs of this action are assessed
against relator.
{¶5} Writ dismissed.
LARRY A. JONES, SR., PRESIDING JUDGE
PATRICIA ANN BLACKMON, J., and
MELODY J. STEWART, J., CONCUR