COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 79254
DERRICK PETWAY                :    PETITION FOR WRIT
                              :    OF HABEAS CORPUS
               PETITIONER     :
                              :
          -vs-                :    JOURNAL ENTRY AND OPINION
                              :
GERALD MCFAUL, CUYAHOGA COUNTY:
SHERIFF                       :
                              :
               RESPONDENT     :
DATE OF JOURNALIZATION:            APRIL 26, 2001
JUDGMENT:                          WRIT DENIED.
APPEARANCES:
FOR RELATOR:                       GRAIG E. KLUGE, ESQ.
                                   The Islander Park Bldg., One
                                   7550 Lucerne Drive, #401
                                   Middleburg Hts., Ohio 44130
FOR RESPONDENTS:                   KATHLEEN A. MARTIN, ESQ.
                                   Litigation manager, Civil
                                   Division
                                   8th Floor, Justice Center
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                                             (continued)
(continued)
                                   KIM T. SEGEBARTH, ESQ.
                                   City Prosecutor
                                   City of Cleveland Heights
                                   40 Severance Circle
                               -2-
                                   Cleveland Hts., Ohio 44118
                                   RICK J. CARBONE, ESQ.
                                   Director of Law
                                   City of Lyndhurst
                                   6690 Beta Drive, Suite 106
                                   Mayfield Village, Ohio 44143
                                   PAUL T. MURPHY, ESQ.
                                   6690 Beta Drive, Suite 106
                                   Mayfield Village, Ohio 44143
                               -3-
DYKE, J.:
     Petitioner is the  defendant in  three misdemeanor  criminal
cases which originated in the Cleveland Heights Municipal  Court.
These cases were transferred to the Lyndhurst Municipal Court after
an affidavit of disqualification was filed on petitioner's behalf
in the Cleveland Heights Municipal Court.
     Petitioner avers  that he is  in the  custody of  respondent
sheriff.    After the  petition  was  filed in  this  court,  the
presiding/administrative  judge of  the  court  of  common  pleas
transferred petitioner's cases from the Lyndhurst Municipal Court
to  the  Cleveland  Municipal  Court.    Petitioner's   essential
contention  is that he  is entitled to  be released from  custody
because his  right to  a speedy trial  has been  violated in  the
municipal court cases.
     After respondents filed briefs on the merits of the petition,
respondent sheriff filed a motion for summary judgment.  Respondent
sheriff argues that this court should deny the petition because the
court of common pleas increased petitioner's bond from $50,000 to
$100,000 in State v. Petway, Cuyahoga County Court of Common Pleas
Case No. CR-397253, by entry received for filing on March 21, 2001.
Petitioner has not responded to the motion for summary judgment.
     Petitioner has not rebutted the assertion that he remains in
the custody of respondent sheriff in lieu of his posting the bond
set by  the court of  common pleas in Case  No. CR-397253.  As  a
consequence, we deny the petition.
                               -4-
     Additionally, petitioner avers that he is in the custody  of
respondent sheriff.  As a consequence, respondent judge is not an
appropriate respondent.  See:   Woodman v. Jones (Jan. 2,  1998),
Cuyahoga App. No. 73501, unreported; R.C. 2725.04.
     Accordingly, we deny the petition.  Petitioner to pay costs.
The clerk is  directed to serve upon  the parties notice of  this
judgment and its date of entry upon the journal.  Civ.R. 58(B).
     Writ denied.
DIANE KARPINSKI, A.J.      AND
ANNE L. KILBANE, J.,   CONCUR.
                                             ANN DYKE
                                              JUDGE
 
.