[Cite as Lewis v. Pinkney, 2017-Ohio-5752.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 105748
MARVIN L. LEWIS
PETITIONER
vs.
SHERIFF CLIFFORD PINKNEY
RESPONDENT
JUDGMENT:
PETITION DISMISSED
Writ of Habeas Corpus
Motion No. 507207
Order No. 507854
RELEASE DATE: July 5, 2017
FOR PETITIONER
Marvin L. Lewis, pro se
Inmate No. 0134967
Cuyahoga County Correctional Center
P.O. Box 5600
Cleveland, Ohio 44101
ATTORNEYS FOR RESPONDENT
Michael C. O’Malley
Cuyahoga County Prosecutor
By: Anthony Thomas Miranda
Assistant County Prosecutor
The Justice Center, 8th Floor
1200 Ontario Street
Cleveland, Ohio 44113
MELODY J. STEWART, J.:
{¶1} Marvin L. Lewis has filed a petition for a writ of habeas corpus. Lewis seeks an
order from this court that requires Clifford Pinkney, the Cuyahoga County Sheriff, to
immediately release him from imprisonment within the Cuyahoga County Jail. Lewis’s claim
for habeas corpus is premised upon the improper calculation of jail-time credit. Sheriff Pinkney
has filed a motion to dismiss, which we grant for the following reasons.
{¶2} Initially, we find that Lewis has failed to attach any commitment papers to his
petition, a violation of R.C. 2725.04(D). The failure to attach any commitment papers is fatal to
a petition for a writ of habeas corpus and requires dismissal of the petition. State ex rel. Arroyo
v. Sloan, 142 Ohio St.3d 541, 2015-Ohio 2081, 33 N.E.3d 56; State ex rel. McCuller v. Callahan,
98 Ohio St.3d 307, 2003-Ohio-858, 784 N.E.2d 108; State ex rel. Johnson v. Ohio Dept. of
Rehab. & Corr., 95 Ohio St.3d 70, 765 N.E.2d 356 (2002).
{¶3} In addition, we find that Lewis’s petition for a writ of habeas corpus is
procedurally defective because he has failed to comply with R.C. 2969.25(A). Pursuant to R.C.
2969.25(A), an inmate that commences a civil action against a government entity or employee
must file a sworn affidavit that contains a description of each civil action or appeal of a civil
action filed in the previous five years in any state or federal court against a government entity or
employee. State ex rel. McGrath v. McDonnell, 126 Ohio St.3d 511, 2010-Ohio-4726, 935
N.E.2d 830.
{¶4} Finally, the petition for a writ of habeas corpus is moot. On June 7, 2017, Sheriff
Pinkney filed a “notice” that Lewis has been released from imprisonment within the Cuyahoga
County Jail.
Now comes Michael C. O’Malley, Prosecuting Attorney of Cuyahoga County, by
and through his undersigned assistant, on behalf of Respondent, Cuyahoga County
Sheriff Clifford Pinkney, and provides notice to this Honorable Court that Relator,
Marvin Lewis, was released from the Cuyahoga County Jail on June 2, 2017.
The case summary page of the Cuyahoga County Clerk of Courts docket for
CR-14-59101 shows that he was released on that day. See Ex. 1. The
undersigned called the jail today and confirmed that Lewis is no longer
incarcerated in the Cuyahoga County Jail. Lewis’s release from custody now
renders his petition for writ of habeas corpus moot. See Holloman v. Mohr, 144
Ohio St.3d 340, 2015-Ohio-2812,43 N.E.3d402.
{¶5} Accordingly, we grant Sheriff Pinkney’s motion to dismiss. Costs to Lewis. The
court directs the clerk of courts to serve all parties with notice of this judgment and the date of
entry upon the journal as required by Civ.R. 58(B).
{¶6} Petition dismissed.
MELODY J. STEWART, JUDGE
EILEEN A. GALLAGHER, P.J., and
MARY J. BOYLE, J., CONCUR