Willis v. Cuyahoga Cty. Common Pleas Court , 2022 Ohio 307 ( 2022 )


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  • [Cite as Willis v. Cuyahoga Cty. Common Pleas Court, 
    2022-Ohio-307
    .]
    COURT OF APPEALS OF OHIO
    EIGHTH APPELLATE DISTRICT
    COUNTY OF CUYAHOGA
    COURTNEY WILLIS,                                     :
    Relator,                        :
    No. 111112
    v.                                   :
    CUYAHOGA COUNTY COMMON                               :
    PLEAS COURT,
    :
    Respondent.
    JOURNAL ENTRY AND OPINION
    JUDGMENT: COMPLAINT DISMISSED
    RELEASED AND JOURNALIZED: January 28, 2022
    Writ of Habeas Corpus
    Order No. 552166
    Appearances:
    Courtney Willis, pro se.
    Michael C. O’Malley, Cuyahoga County Prosecuting
    Attorney, and James E. Moss, Assistant Prosecuting
    Attorney, for respondent.
    MARY EILEEN KILBANE, J.:
    On December 14, 2021, the petitioner, Courtney Willis, commenced
    this habeas corpus case against the respondent, the Cuyahoga County Court of
    Common Pleas. He avers that on April 18, 2018, his case was overturned by the
    Eighth District Court of Appeals and that he still has not had his case reinstated as
    commanded by the journal entry. For the following reasons, this court dismisses
    the petition, sua sponte.
    In the underlying case, Cuyahoga C.P. No. CR-17-612954-A, a jury
    convicted him of three counts of burglary, three counts of criminal damaging, and
    one count each of theft and petty theft. He appealed on April 16, 2018. A clerical
    error caused the case to be docketed as two appeals: State v. Willis, 8th Dist.
    Cuyahoga No. 107070 and State v. Willis, 8th Dist. Cuyahoga No. 107071. On April
    18, 2018, this court issued the following journal entry in Case No. 107071: “Sua
    sponte, due to clerical error, 107071 is dismissed as duplicative of 107070. Notice
    Issued.” On the same day, the administrative judge of the common pleas court
    issued the standard order that
    this case [No. 107071] will remain with the court of appeals until
    6/02/2018. If no other filing has tolled the time of appeal to the Ohio
    Supreme Court, the case will then be returned to the docket of the
    originating court by the administrative judge. No substantive action
    will be taken in this matter until the time for filing any post-judgment
    motion or appeal has expired and the case has been reinstated by the
    administrative judge.
    On February 14, 2019, this court affirmed Willis’s convictions. State v. Willis, 8th
    Dist. Cuyahoga No. 107070, 
    2019-Ohio-537
    .
    It is apparent that Willis has misinterpreted the April 18, 2018 orders.
    They did not overturn Willis’s convictions. The first merely dismissed Case No.
    107071 as duplicative of Case No. 107070. The common pleas court entry merely
    stated that no action would be taken on the case until the time for filing an appeal to
    the Supreme Court of Ohio had passed, as well as any post-decision motions in the
    appellate case. Given the affirmance of his convictions, there is no further action to
    be taken at the trial-court level. Accordingly, Willis does not state a cause of action
    for habeas corpus or any other extraordinary writ.
    Willis did not verify his complaint for habeas corpus as mandated by
    R.C. 2725.04. The failure to verify a habeas corpus complaint is grounds for
    dismissal. Chari v. Vore, 
    91 Ohio St.3d 323
    , 
    2001-Ohio-49
    , 
    744 N.E.2d 763
    . Nor did
    Willis comply R.C. 2969.25(C) that requires he file a poverty affidavit with the prison
    cashier’s statement for the last six months.
    Accordingly, this court dismisses the petition for a writ of habeas
    corpus. Petitioner to pay costs. This court directs the clerk of courts to serve all
    parties notice of this judgment and its date of entry upon the journal as required by
    Civ.R. 58(B).
    Petition dismissed.
    MARY EILEEN KILBANE, JUDGE
    EILEEN A. GALLAGHER, P.J., and
    EMANUELLA D. GROVES, J., CONCUR
    

Document Info

Docket Number: 111112

Citation Numbers: 2022 Ohio 307

Judges: Kilbane

Filed Date: 1/28/2022

Precedential Status: Precedential

Modified Date: 2/3/2022