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HOWARD v. MILLER, 2014-Ohio-2100 (2014)

Court: Court of Appeals of Ohio Number: inohco20140516458
Filed: May 12, 2014
Latest Update: May 12, 2014
Summary: OPINION AND JUDGMENT ENTRY 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
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OPINION AND JUDGMENT ENTRY

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.

Source:  Leagle

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