COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 85928
 
 
S/O EX REL.: ROY A.          :         ORIGINAL ACTION
DURHAM, JR.                  :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JULIUS WILSON, WARDEN        :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           FEBRUARY 23, 2005
 
CHARACTER OF PROCEEDINGS:         WRIT OF HABEAS CORPUS
 
JUDGMENT:                         Writ Dismissed.
                                  Motion No. 368702
 
 
 
APPEARANCES:
 
For Relator:                      LARRY W. ZUKERMAN
                                  PAUL B. DAIKER
                                  Zukerman, Daiker & Lear Co.,L.P.A.
                                  2000 East Ninth Street
                                  Suite 700
                                  Cleveland, Ohio 44115
 
 
For Respondent:                   JAMES M. PETRO
                                  Attorney General of Ohio
                                  30 East Broad Street, 26th Fl.
                                  Columbus, Ohio 43215-6001
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -2-
 
Judge Sean Gallagher:
 
     On February 7, 2005, petitioner, Roy A. Durham, Jr., commenced
 
this habeas corpus action seeking immediate release from prison.
 
We dismiss the petition, sua sponte, for lack of territorial
 
jurisdiction because the petitioner is incarcerated at the Trumbull
 
Correctional Institution located in Leavittsburg, Ohio, and is not
 
in the custody of any authority located within Cuyahoga County.
 
See R.C. 2725.03; Bridges v. McMackin (1989), 44 Ohio St.3d 135,
 
541 N.E.2d 1035; State ex rel. Randy Lewis v. John D. Morgan (June
 
17, 1999), Cuyahoga App. No. 76314; and State ex rel. Juan Mays v.
 
Gerald T. McFaul (Mar. 18, 1999), Cuyahoga App. No. 75833. The
 
proper forum for a habeas corpus action is the appropriate court
 
within the territory in which the prisoner's institution is
 
located.
 
     It is further ordered that the clerk shall serve upon all
 
parties notice of this judgment and date of entry pursuant to
 
Civ.R. 58(B). Costs of this action are assessed against relator.
 
     Writ dismissed.
 
 
 
                                        SEAN C. GALLAGHER
                                              JUDGE
 
FRANK D. CELEBREZZE, JR., P.J., CONCURS
 
KENNETH A. ROCCO, J., CONCURS
 
 
 
.