Opinion
No. 57264
Decided April 13, 1989.
Habeas corpus — Venue lies in county where petitioner is incarcerated — R.C. 2725.03.
O.Jur 3d Habeas Corpus § 37.
Venue in a habeas corpus action does not lie in the county where the petitioner was convicted, but in the county where he is incarcerated.
IN HABEAS CORPUS: Court of Appeals for Cuyahoga County.
Lorenzo Vereen, pro se. John T. Corrigan, prosecuting attorney, and Laurence R. Snyder, for respondent state of Ohio.
In this original action, petitioner represents that he was convicted in the Cuyahoga County Court of Common Pleas and is currently incarcerated in the Marion Correctional Institution. Petitioner requests that this court "order habeas corpus relief to vacate the judgment and reduce the penalty" arising from his conviction.
Petitioner is not, however, in the custody of anyone in Cuyahoga County. Venue does not, therefore, lie in this court. See Loc. App. R. 1(B) and 8(B)(1); Civ. R. 3(B). Furthermore, only courts in Marion County have jurisdiction to provide relief in habeas corpus to petitioner. See R.C. 2725.03 and 2967.01(A).
Accordingly, the motion to dismiss writ of habeas corpus filed by the Prosecuting Attorney of Cuyahoga County is treated as a motion for change of venue to the Court of Appeals for Marion County and is granted. The clerk is instructed to deliver all original papers filed in this action in habeas corpus to the Clerk of the Court of Appeals for Marion County. Relator is to pay the costs of the proceedings before this court.
Judgment accordingly.
PATTON, J., concurs.