COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 73501 ROBERT P. WOODMAN : : PETITION FOR WRIT OF : HABEAS CORPUS Petitioner : : -vs- : JOURNAL ENTRY : AND JUDGE LARRY JONES, ET AL. : OPINION : Respondent : DATE OF ANNOUNCEMENT JANUARY 2, 1998 OF DECISION: JUDGMENT PETITION DISMISSED. DATE OF JOURNALIZATION APPEARANCES: FOR PETITIONER: RESPONDENT: Robert P. Woodman, Pro se Sharon Sobol Jordan, Dir. of Law 17920 Detroit Avenue - #506 Michelle A. Macecevic, Esq. Lakewood, Ohio 44107 Assistant Dir. of Law City of Cleveland Room 106 - City Hall 601 Lakeside Avenue Cleveland, Ohio 44114 Kevin M. Spellacy, Prosecutor City of Lakewood 12650 Detroit Avenue Lakewood, Ohio 44107 Stephanie Tubbs Jones, Pros. Cuyahoga County 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 -2- ROCCO, J.: Robert P. Woodman, petitioner, has applied for a writ of habeas corpus. He claims he is being detained through an unlawful order by respondent, Judge Larry Jones, of the Cleveland Municipal Court. Respondent filed a brief in opposition to the issuance of the habeas writ contending the action should be dismissed for petitioner's failure to attach his commitment papers as required by R.C. 2725.04 (D) and because the action is moot. For these reasons, we dismiss the petition. Ohio R.C. 2725.04 (D) requires that a copy of the commitment or cause of detention be submitted when applying for habeas relief or that a showing be made of the fact that a detention is without legal authority. The Supreme Court of Ohio has stated that [t]hese commitment papers are necessary for a complete understanding of the petition. Without them, the petition is fatally defective. Bloss v. Rogers (1992), 65 Ohio St.3d 145, 146, 602 N.E.2d 602; see, also, Workman v. Shiplevy (1997), 80 Ohio St.3d 174; Cornell v. Schotten (1994), 69 Ohio St.3d 466, 633 N.E.2d 1111; Hadlock v. McFaul (1995), 105 Ohio App.3d 24; Wooten v. McFaul (Apr. 21 1993), Cuyahoga App. No. 65387, unreported. Petitioner did not attach a copy of his commitment papers and the petition therefore is fatally defective. Moreover, attached as Exhibit E to respondent's brief in opposition is the affidavit of Willie Williamson, the Supervisor of the Division of Correction. Mr. Williamson averred that petitioner -3- was discharged the same day he was admitted after he paid his fine and costs. Consequently, this action is now moot. Finally, we note that petitioner has failed to comply with Loc. App.R. 8(B)(1) which requires a supporting affidavit detailing the claims in the petition. Petitioner also has failed to name the appropriate respondent. See R.C 2725.04; Loc. App.R. 8(B)(1). Case dismissed. Costs to petitioner. TERRENCE O'DONNELL, J., AND JOHN T. PATTON, J., CONCUR PRESIDING JUDGE KENNETH A. ROCCO .