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SANDERS v. HUDSON

No. 2008-CA-0105.

2009 Ohio 2907

Gary Sanders, Petitioner-Appellant, v. Stuart Hudson, Warden, Respondent-Appellee.

Court of Appeals of Ohio, Fifth District, Richland County.

DATE OF JUDGMENT ENTRY: June 17, 2009.

Attorney(s) appearing for the Case

Gary Sanders #512-022, Mansfield Correctional Institution, Box 788, Mansfield, OH 44901, for Petitioner-Appellant.

Richard Cordray, M. Scott Criss, 150 East Gay Street, 16th Floor, Columbus, OH 43215, for Respondent-Appellee.

Before: Hon. W. Scott Gwin, P.J., Hon. William B. Hoffman, J., Hon. John W. Wise, J.

OPINION

GWIN, P.J.

{¶1} Petitioner Gary Sanders appeals a judgment of the Court of Common Pleas of Richland County, Ohio, which denied his petition for a writ of Habeas Corpus and an immediate release from incarceration.

{¶2} Habeas Corpus is an extraordinary remedy available only if the petitioner is entitled to the immediate release from confinement, State ex rel. Jackson v. McFaul,

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