COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 77617 STATE OF OHIO ex rel. : ROBERT CLOUD : : PETITION FOR WRIT OF Relator : HABEAS CORPUS : vs. : MOTION NO. 14759 : OHIO ADULT AUTHORITY : JOURNAL ENTRY AND OPINION 1050 Freeway Drive, N. : Columbus, Ohio 43225 : : Respondent : JUDGMENT : DISMISSED. DATE OF JOURNALIZATION : FEBRUARY 28, 2000 APPEARANCES: For relator : ROBERT CLOUD, pro se Be.C.I. 334-601 Post Office Box 540 St. Clairsville, Ohio 43950 For respondent : BETTY D. MONTGOMERY Attorney General of Ohio State Office tower, 16th Floor 30 E. Broad Street Columbus, Ohio 43266-0410 -2- ANN DYKE, A.J.: Robert Cloud, petitioner, commenced this habeas action against respondent, the Ohio Adult Parole Authority, to obtain his release from prison. Petitioner states he was released from prison after serving his sentence and put on post-release control pursuant to R.C. 2967.28. The document attached to the petition entitled "Sanction Order" indicates that at a hearing held on October 6, 1999, petitioner was found guilty of violating certain rules and was ordered to serve a 245-day prison term. Petitioner contends his imprisonment is unlawful because R.C. 2967.28 is unconstitutional in that it empowers a nonjudicial branch of the government to deprive him of his liberty without due process of law. For the following reasons, we sua sponte dismiss the petition. This court lacks territorial jurisdiction to entertain the petition because petitioner is incarcerated at the Belmont Correctional Institution in St. Clairsville, Ohio, and is not in the custody of any authority that is located in Cuyahoga County. See R.C. 2725.03; Bridges v. McMackin (1989), 44 Ohio St.3d 135, 541 N.E.2d 1035; State ex rel. Cotor v. Ohio Adult Parole Authority (Jan. 3, 2000), Cuyahoga App. No. 77225, unreported; State ex rel. Dixon v. Gold (1991), 76 Ohio App.3d 518, 602 N.E.2d 408. The proper forum for seeking release from prison in a habeas action is the appropriate court within the county in which the institution of incarceration is located. See R.C. 2725.03. -3- Additionally, petitioner has failed to support his petition with an affidavit that specifies the details of his claim as required by Loc.App.R. 45(B)(1)(a) and has failed to verify his petition as required by R.C. 2725.04. These omissions also warrant dismissal. State ex rel. Cotor, supra; see In the Matter of Damien Corley (May 6, 1999), Cuyahoga App. No. 76377, unreported. Accordingly, the petition for a writ of habeas corpus is dismissed. Costs to petitioner. TERRENCE O'DONNELL, J. CONCURS ANN DYKE ADMINISTRATIVE JUDGE .