COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 74020 STATE OF OHIO, EX REL. : PETITION FOR WRIT OF LONNIE ELLIOTT : HABEAS CORPUS : Relator : MOTION NO. 93494 : vs. : JOURNAL ENTRY AND OPINION : GERALD MCFAUL, SHERIFF : CUYAHOGA COUNTY, OHIO : : Respondent : : DATE OF ANNOUNCEMENT OF DECISION : APRIL 16, 1998 JUDGMENT : WRIT DISMISSED. DATE OF JOURNALIZATION : APPEARANCES: For Relator : LONNIE ELLIOTT, Pro Se No. 355-804 Lorain Correctional Institute 2075 South Avon Belden Road Grafton, Ohio 44077 For Respondent : STEPHANIE TUBBS-JONES Cuyahoga County Prosecutor L. CHRISTOPHER FREY, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 PATRICIA A. BLACKMON, A.J.: Petitioner avers that he has been in the custody of respondent sheriff since November 17, 1997. Petitioner further avers that he was not afforded a parole revocation hearing as required by R.C. -2- 2967.15. Petitioner requests that this court order respondent to bring petitioner to this court for a hearing and order petitioner's discharge. Respondent has filed a motion to dismiss (Motion No. 93080). Attached to the motion to dismiss are copies of journal entries stamped received for filing on February 24, 1998 in State v. Elliott, Cuyahoga County Court of Common Pleas Case Nos. CR-358341, 358475 and 358960, in which the court of common pleas sentenced petitioner to concurrent six-month sentences to be served at the Lorain Correctional Institution and granted 93 days jail time credit. Respondent argues that this action should be dismissed because petitioner is no longer in custody in Cuyahoga County. Petitioner has not responded to the motion. Initially, we note that petitioner *** did not verify his petition as required by R.C. 2725.04. State ex rel. Lemmon v. Ohio Adult Parole Auth. (1997), 78 Ohio St.3d 186. 188, 677 N.E.2d 347, 349. [Additionally, petitioner] did not attach copies of all of his pertinent commitment McBroom v. Russell (1996), 77 Ohio St.3d 47, 48, 671 N.E.2d 10, 11. State ex rel. Ranzy v. Coyle (1998), 81 Ohio St.3d 109, 110, ___ N.E.2d ___ (affirming the judgment of the court of appeals denying petitioner's request for a writ of habeas corpus). Finally, if [petitioner] is incarcerated at the Lorain Correctional Institution in Lorain County, this action cannot be maintained in this court in Cuyahoga County. R.C. 2725.03; Bridges v. McMackin (1989), 44 Ohio St.3d 135, 541 N.E.2d 1035; State ex rel. Washington v. Anderson (Apr. 2, 1996), Cuyahoga App. No. 70368, unreported. State ex rel. Lawrence v. McFaul (Sept. 25, 1997), Cuyahoga App. No. 73112, unreported, at 2-3. Accordingly, respondent's motion to dismiss is granted. -3- Petitioner to pay costs. Writ dismissed. JAMES M. PORTER, J., CONCURS. ______________________________ PATRICIA A. BLACKMON, ADMINISTRATIVE JUDGE .