Robinson v. Fender , 2022 Ohio 580 ( 2022 )

[Cite as Robinson v. Fender, 2022-Ohio-580.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
TRUMBULL COUNTY
JACKIE ROBINSON, CASE NO. 2021-T-0048
Petitioner,
Original Action for Writ of Habeas Corpus
-v-
DOUGLAS FENDER,
WARDEN,
Respondent.
PER CURIAM
OPINION
Decided: February 28, 2022
Judgment: Petition dismissed
Jackie Robinson, pro se, PID# A554-458, Mansfield Correctional Institution, P.O. Box
788, Mansfield, OH 44901 (Petitioner).
Dave Yost, Ohio Attorney General, and Jerri L. Fosnaught, Assistant Attorney General,
Criminal Justice Section, 30 East Broad Street, 23rd Floor, Columbus, OH 43215 (For
Respondent).
PER CURIAM.
{¶1} Petitioner, Jackie Robinson, filed a petition for a writ of habeas corpus,
arguing that he is illegally confined past the expiration of a prison sentence imposed by
the Summit County Court of Common Pleas in October 2008. Respondent, Warden
Douglas Fender, moved to dismiss or, in the alternative, for summary judgment.
{¶2} If a person restrained of his liberty is an inmate of a state
benevolent or correctional institution, the location of which is
fixed by statute and at the time is in the custody of the officers
of the institution, no court or judge other than the courts or
judges of the county in which the institution is located has
jurisdiction to issue or determine a writ of habeas corpus for
his production or discharge. Any writ issued by a court or
judge of another county to an officer or person in charge at
the state institution to compel the production or discharge of
an inmate thereof is void.
R.C. 2725.03.
{¶3} At the time of filing his petition, Petitioner was incarcerated in the Lake Erie
Correctional Institution, located within Ashtabula County, Ohio. In his response to the
motion to dismiss, Petitioner admits that he is now incarcerated in the Mansfield
Correctional Institution, which is located in Richland County, Ohio. Thus, by his own
admission, Robinson is not incarcerated in a county within this court’s territorial
jurisdiction. Accordingly, we lack jurisdiction to determine a writ of habeas corpus for his
production or discharge. Bridges v. McMackin, 44 Ohio St.3d 135, 541 N.E.2d 1035(1989) (R.C. 2725.03 allocates habeas corpus jurisdiction among the courts of appeals
on a territorial basis).
{¶4} Respondent’s motion to dismiss is granted. Petitioner’s petition for a writ of
habeas corpus is dismissed for lack of jurisdiction.
THOMAS R. WRIGHT, P.J., CYNTHIA WESTCOTT RICE, J., JOHN J. EKLUND, J.,
concur.
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Case No. 2021-T-0048