Howard v. Miller

[Cite as Howard v. Miller, 2014-Ohio-2100.]

STATE OF OHIO, BELMONT COUNTY

IN THE COURT OF APPEALS

SEVENTH DISTRICT

ALPHONSO HOWARD, ) ) CASE NO. 14 BE15 PETITIONER, ) ) - VS - ) OPINION ) AND MICHELE MILLER, WARDEN, ) JUDGMENT ENTRY ) RESPONDENT. )

CHARACTER OF PROCEEDINGS: Petition for Writ of Habeas Corpus

JUDGMENT: Petition Dismissed. Respondent's Motion to Dismiss Granted.

APPEARANCES: For Petitioner: Alphonso Howard, Pro-se Inmate #494548 Belmont Correctional Institution P.O. Box 540 St. Clairsville, OH 43950

For Respondent: Mike DeWine Ohio Attorney General Maura O'Neill Jaite Assistant Attorney General Ohio Attorney General's Office Criminal Justice Section 150 East Gay Street, 16th Floor Columbus, OH 43215

JUDGES: Hon. Mary DeGenaro Hon. Joseph J. Vukovich Hon. Cheryl L. Waite

Dated: May 12, 2014 [Cite as Howard v. Miller, 2014-Ohio-2100.]

PER CURIAM. {¶1} Petitioner Alphonso Howard is an inmate at the Belmont Correctional Institution in St. Clairsville, Ohio. On March 28, 2014, he filed a petition for writ of habeas corpus against Respondent Michelle Miller, the Warden at that institution. Respondent has filed a motion to dismiss and/or for summary judgment in response. {¶2} Petitioner was found guilty of forty counts of importuning and sentenced to a total of eleven years and five months in prison. The Eighth District affirmed that judgment in State v. Howard, 8th Dist. No. 88237, 2007-Ohio-991. Petitioner sought relief in habeas corpus on the ground that his trial counsel was ineffective. That action was dismissed due to several procedural defects and failure to state a claim in habeas corpus. Howard v. McFaul, 8th Dist. No. 90530, 2007-Ohio-5531, ¶1. {¶3} Petitioner here has failed to attach any pertinent commitment papers to his petition as required by R.C. 2725.04(D). 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. Clark v. Miller, 7th Dist. No. 13 BE 13, 2013-Ohio-2958, ¶1, citing Bloss v. Rogers, 65 Ohio St.3d 145, 146, 602 N.E.2d 602 (1992). {¶4} Accordingly, Respondent's motion is granted and the petition for writ of habeas corpus is dismissed. Costs taxed against Petitioner. Final order. Clerk to serve notice as provided by the Civil Rules.

DeGenaro, P.J., concurs. Vukovich, J, concurs. Waite, J., concurs.