MOSLEY v. EBERLIN

No. 08 BE 7.

2008 Ohio 6593

Dierre Mosley, Plaintiff-Appellant, v. Michelle Eberlin, Warden, Defendant-Appellee.

Court of Appeals of Ohio, Seventh District, Belmont County.

Dated: December 12, 2008.


Attorney(s) appearing for the Case

Dierre Mosley, Pro Se, #494-377, Belmont Correctional Institution, P.O. Box 540, St. Clairsville, Ohio 43950, for Plaintiff-Appellant.

Nancy Rogers, Attorney General, Jerri Fosnaught, Assistant General, Corrections Litigation Section, 150 East Gay Street, 16th Floor, Columbus, Ohio 43215, for Defendant-Appellee.

Before: Hon. Joseph J. Vukovich, Hon. Gene Donofrio, Hon. Cheryl L. Waite.


OPINION

VUKOVICH, J.

¶{1} Plaintiff-appellant Dierre Mosley appeals from the decision of the Belmont County Common Pleas Court dismissing his habeas action. On appeal, he urges that he attached sufficient commitment papers in support of his petition and that the trial court erred in failing to realize that a lack of jurisdiction by the sentencing court is an exception for defendants who have an adequate legal remedy. For the following reasons...

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