COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 73738 STATE OF OHIO, ex rel. : TURHAN WYNN : : PETITION FOR WRIT OF Relator : HABEAS CORPUS : vs. : MOTION NO. 91052 : GERALD McFAUL, SHERIFF : JOURNAL ENTRY AND OPINION CUYAHOGA COUNTY, OHIO : : Respondent : DATE OF ANNOUNCEMENT OF DECISION : FEBRUARY 5, 1998 JUDGMENT : WRIT DISMISSED. DATE OF JOURNALIZATION : APPEARANCES: For relator : TURHAN WYNN, pro se Cuyahoga County Correction Center Post Office Box 5600 Cleveland, Ohio 44101 For respondent : STEPHANIE TUBBS-JONES Cuyahoga County Prosecutor DIANE SMILANICK, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- PATRICIA A. BLACKMON,A.J.: Relator, Turhan Wynn, commenced this habeas corpus action against the respondent, Sheriff Gerald T. McFaul. The relator complains that he is being held unlawfully as a result of a defective probation violation hearing that was conducted in the underlying case of State v. Wynn, Cuyahoga County Court of Common Pleas Case No. CR-337074. The respondent has filed a motion to dismiss, which this court grants for the following reasons. A writ of habeas corpus will be denied where there exists an adequate remedy in the ordinary course of law. In re Hunt (1976), 46 Ohio St.2d 378. In addition, an order that revokes probation and imposes a sentence of incarceration is a final appealable order from which an appeal is routinely taken. State ex rel. Tucker v. Rogers (1993), 66 Ohio St.3d 36. Finally, the relator has filed two prior complaints for habeas corpus, which involved allegations of unlawful restraint vis-a-vis the claim of a defective probation violation hearing in State v. Wynn, Cuyahoga County Court of Common Pleas Case No. CR-337074. The doctrine of res judicata prevents the filing of successive complaints for habeas corpus. Freeman v. Tate (1992), 65 Ohio St.3d 440; Hudlin v. Alexander (1992), 63 Ohio St.3d 153. Accordingly, we grant the respondent's motion to dismiss. Costs to relator. Writ dismissed. -3- JAMES M. PORTER, J., CONCURS PATRICIA A. BLACKMON ADMINISTRATIVE JUDGE .