Midgett v. Richland Cty. Sheriff

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[Cite as Midgett v. Richland Cty. Sheriff, 2020-Ohio-3465.]

COURT OF APPEALS RICHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT

DAJUAN MIDGETT : JUDGES: : Hon. William B. Hoffman, P.J. Petitioner : Hon. John W. Wise, J. : Hon. Earle E. Wise, Jr., J. -vs- : : RICHLAND COUNTY SHERIFF : Case No. 2020 CA 0045 : Respondent : OPINION

CHARACTER OF PROCEEDING: Writ of Habeas Corpus JUDGMENT: Dismissed DATE OF JUDGMENT: June 22, 2020 APPEARANCES: For Petitioner For Respondent

DAJUAN MIDGETT - #57301 JOSEPH C. SNYDER 13 East 2nd Street 38 South Park Street Mansfield, OH 44902 2nd Floor Mansfield, OH 44902

Richland County, Case No. 2020 CA 0045 2 Wise, Earle, J.

{¶ 1} On May 26, 2020, Petitioner, DaJuan Midgett, refiled a Petition for Writ of Habeas Corpus against Respondent, Richland County Sheriff. The Richland County Prosecutor filed a Motion to Dismiss under Civ.R. 12(B)(6). On May 14, 2020, we previously dismissed a Petition for Writ of Habeas Corpus filed by Mr. Midgett. See DaJuan Midgett v. Richland County Sheriff, 5th Dist. No. 20CA41, 2020-Ohio-2966. Due to the following deficiencies, we grant the prosecutor’s Motion to Dismiss.

{¶ 2} First, the petition is not verified as required by R.C. 2725.04. The failure to verify the petition requires dismissal. State v. Vore, 91 Ohio St.3d 323, 327, 744 N.E.2d 763 (2001); State ex rel. Crigger v. Ohio Adult Parole Auth., 82 Ohio St.3d 270, 272, 695 N.E.2d 254 (1998). Second, Mr. Midgett did not comply with R.C. 2725.04(D), which requires a copy of the commitment or cause of detention be attached to the petition for writ of habeas corpus. Without the commitment papers, the writ of habeas corpus is fatally defective. Brown v. Rogers, 72 Ohio St.3d 339, 341, 650 N.E.2d 422 (1995).

{¶ 3} For the foregoing reasons, we grant the Motion to Dismiss under Civ.R. 12(B)(6). The clerk of courts is hereby directed to serve upon all parties not in default notice of this judgment and its date of entry upon the journal.

{¶ 4} MOTION TO DISMISS IS GRANTED. Richland County, Case No. 2020 CA 0045 3

{¶ 5} PETITION DISMISSED.

{¶ 6} COSTS TO PETITIONER.

{¶ 7} IT IS SO ORDERED. By Earle E. Wise, Jr., J. Hoffman, P.J. and Wise, John, J. concur. EEW/amc