CRITES v. KELLEY

No. 2009-T-0100.

2010 Ohio 1800

Raymond Crites, Petitioner, v. Bennie Kelley, Warden, Trumbull Correctional Institution, Respondent.

Court of Appeals of Ohio, Eleventh District, Trumbull County.

April 23, 2010.


Attorney(s) appearing for the Case

Raymond Crites, pro se, PID: 471-914, Trumbull Correctional Institution, P.O. Box 901, Leavittsburg, OH 44430-0901, Petitioner.

Richard Cordray, Ohio Attorney General, State Office Tower, 30 East Broad Street, Columbus, OH 43215-3428, and Hilda Rosenberg, Assistant Attorney General, 1600 Carew Tower, 441 Vine Street, Cincinnati, OH 45202, For Respondent.


OPINION

COLLEEN MARY O'TOOLE, J.

{¶1} This original action in habeas corpus is presently before this court for final disposition of the motion to dismiss of respondent, Warden Bennie Kelly of the Trumbull Correctional Institution. As the primary basis for his motion, respondent contends that the sole claim of petitioner, Raymond Crites, does not set forth a viable cause of action because his own allegations show that there is an alternative...

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