[Cite as Thomas v. Tibbals, 2011-Ohio-6087.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 97519
GARY THOMAS
RELATOR
vs.
WARDEN TERRY TIBBALS
RESPONDENT
JUDGMENT:
PETITION DISMISSED
Writ of Habeas Corpus
Order No. 449455
RELEASE DATE: November 21, 2011
2
FOR RELATOR
Gary Thomas, pro se
Inmate #A601-988
Mansfield Correctional Institution
1150 N. Main Street
Mansfield, Ohio 44901
ATTORNEY FOR RESPONDENT
WARDEN TERRY TIBBALS
Mike DeWine
Ohio Attorney General
By: Gregory T. Hartke
Assistant Attorney General
Criminal Justice Section – Habeas Unit
State Office Building, 11th Floor
615 West Superior Avenue
Cleveland, Ohio 44113-1899
COLLEEN CONWAY COONEY, J.:
{¶ 1} Gary Thomas has filed a petition for a writ of habeas corpus seeking
immediate release from prison. Sua sponte, we dismiss the petition for lack of territorial
jurisdiction because Thomas is incarcerated at the Mansfield Correctional Institution
located in Mansfield, Ohio.
3
{¶ 2} One of the basic requirements for the issuance of a writ of habeas corpus is
that, regardless of where the petitioner was convicted, the petition can only be brought
and proceed in the county where he is actually incarcerated. Bridges v. McMackin
(1989), 44 Ohio St.3d 135, 541 N.E.2d 1035. This court does not possess the authority
to order the release of a person from prison unless the prison lies within our territorial
jurisdiction, which is Cuyahoga County. State ex rel. Durham v. Wilson, Cuyahoga
App. No. 85928, 2005-Ohio-757; State ex rel. Lewis v. Morgan (June 17, 1999),
Cuyahoga App. No. 76314; State ex rel. Mays v. McFaul (Mar. 18, 1999), Cuyahoga App.
No. 75833. Since Thomas is not incarcerated in Cuyahoga County, we lack jurisdiction
to address the petition for a writ of habeas corpus.
{¶ 3} Accordingly, we sua sponte dismiss the petition for a writ of habeas corpus.
Costs to Thomas. It is further ordered that the Clerk of the Eighth District Court of
Appeals serve notice upon all parties as required by Civ.R. 58(B).
Petition dismissed.
__________________________________________
COLLEEN CONWAY COONEY, JUDGE
MARY J. BOYLE, P.J., and
KATHLEEN ANN KEOUGH, J., CONCUR