COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 73837 CURTIS JUSTICE : PETITION FOR WRIT OF : HABEAS CORPUS Petitioner : : : -vs- : JOURNAL ENTRY : DIANE WALKER, WARDEN : AND : OPINION Respondent DATE OF ANNOUNCEMENT JAN. 22, 1998 OF DECISION CHARACTER OF PROCEEDING HABEAS CORPUS JUDGMENT: DISMISSED. DATE OF JOURNALIZATION: APPEARANCES: PETITIONER: RESPONDENT: Curtis Justice, pro se Betty Montgomery, Esq. #323-686 Attorney General of Ohio Pickaway Correction Institution State Office Tower - 16th P.O. Box 209 Floor Orient, Ohio 30 East Broad Street Columbus, Ohio 43266-0410 -2- MICHAEL J. CORRIGAN, P.J.: Petitioner avers that he is incarcerated in the Pickaway Correctional Institution. Respondent is the warden. This court has consistently dismissed habeas corpus actions brought against respondents located outside Cuyahoga County. See, e.g., the following sua sponte dismissals of actions in habeas corpus against the warden of the Mansfield Correctional Institution: State ex rel. Washington v. Anderson (Apr. 2, 1996), Cuyahoga App. No. 70368, unreported, and State ex rel. Griffin v. Anderson (June 19, 1996), Cuyahoga App. No. 70646, unreported [citing R.C. 2725.03 and Bridges v. McMackin (1989), 44 Ohio St.3d 135, 541 N.E.2d 1035]. Accordingly, the fact that petitioner is incarcerated outside of Cuyahoga County provides a sufficient basis for dismissing this action sua sponte. Furthermore, the petition does not state a claim in habeas corpus. In his Issue One, petitioner complains that the county prosecutor's office used evidence from a nurse practitioner to secure his indictment. Petitioner argues that the nurse practitioner was unlawfully practicing medicine. As a consequence, petitioner argues that his trial counsel was ineffective for failing to move to dismiss the indictment as well as: failing to admit crucial evidence ; coercing petitioner into entering a plea; and failing to move to withdraw the plea. Petition, at 3-4. The -3- issue of the ineffectiveness of counsel is not appropriate for habeas corpus. Ellis v. McMackin (1992), 65 Ohio St.3d 161, 602 N.E.2d 611. In his Issue Two, petitioner complains that Judge William J. Coyne--to whom the underlying criminal case, CR-330815, is assigned--has failed to issue findings of fact and conclusions of law with regard to all of the issues in petitioner's petition for postconviction relief. In State ex rel. Justice v. Coyne (Nov. 26, 1997), Cuyahoga App. No. 73119, unreported, this court issued a writ of mandamus compelling respondent Coyne to issue findings of fact and conclusions of law so that they clearly, completely, and specifically respond to all the material and determinative issues. Id. at 9. If Judge Coyne fails to act within a reasonable time, this court has the authority to enforce its judgment in mandamus. State ex rel. Bitter v. Missig (1995), 72 Ohio St.3d 249, 252, 648 N.E.2d 1355. Enforcing the judgment (if necessary) in Case No. 73119 provides an adequate remedy. Relief in habeas corpus would not, therefore, be appropriate. Accordingly, we dismiss this action, sua sponte. Petitioner to pay costs. Writ dismissed. JAMES M. PORTER, J., AND -4- ANN DYKE, J., CONCUR. PRESIDING JUDGE MICHAEL J. CORRIGAN .