Opinion

Bradford v. Ohio Dept. of Rehab. & Corr.

  • 2017 Ohio 7419
Court
Ohio Court of Appeals
Filed
Aug 31, 2017
Status
Published
On the bench
Tyack
Cited by
0 cases

The opinion

[Cite as Bradford v. Ohio Dept. of Rehab. & Corr., 2017-Ohio-7419.]

IN THE COURT OF APPEALS OF OHIO

TENTH APPELLATE DISTRICT

Pele K. Bradford, :

Plaintiff-Appellant, :

v. : No. 17AP-51

(Ct. of Cl. No. 2016-00621)

Ohio Department of Rehabilitation and :

Correction, (ACCELERATED CALENDAR)

:

Defendant-Appellee.

:

D E C I S I O N

Rendered on August 31, 2017

On brief: Pele K. Bradford, pro se.

On brief: Michael DeWine, Attorney General, and Amy S.

Brown, for appellee.

APPEAL from the Court of Claims of Ohio

TYACK, P.J.

{¶ 1} Pele K. Bradford is appealing from the dismissal of his lawsuit claiming that

he is wrongfully imprisoned. He assigns four errors for our consideration:

[I.] THE TRIAL COURT ABUSED ITS DISCRETION BY

FAILING TO ADDRESS THE ISSUE OF THE ABSENCE OF

ANY INDICATION OF JOURNALIZATION BY THE CLERK

OF COURT ON THE FACE OF THE PURPORTED JUNE 8,

2004 JUDGMENT ENTRY, PURUSANT TO CIV. R. 58 AND

CRIM. R. 32(B), IN THE FIRST INSTANCE INSIDE THE

TRIAL COURT'S ENTRY OF DISMISSAL; THEREBY

FAILING TO CREATE AN ENTRY SUFFICIENT TO

PERMIT APPELLATE REVIEW.

No. 17AP-51 2

[II.] THE TRIAL COURT ABUSED ITS DISCRETION BY

GRANTING THE DEFENDANT'S MOTION TO DISMISS

PURSUANT TO CIVIL RULE 12(B)(1) AND/OR (6)

WITHOUT EMPLOYING A PROPER LEGAL ANALYSIS AS

ANNOUNCED BY THE TENTH APPELLATE DISTRICT

COURT.

[III.] THE TRIAL COURT ABUSED ITS DISCRETION BY

GRANTING APPELLEE'S MOTION TO DISMISS WHERE

APPELLANT MET HIS BURDEN OF PROOF IN

ESTABLISHING A PRIMA FACIE CASE OF FALSE

IMPRISONMENT BY PROVING THAT HE WAS

DETAINED AND/OR IMPRISONED BY APPELLEE.

[IV.] THE TRIAL COURT ERRED BY FAILING TO FIND

THAT THE JUNE 8, 2004 PURPORTED JUDGMENT

ENTRY WAS FACIALLY INVALID DUE TO THE ABSENCE

OF ANY INDICATION OF JOURNALIZATION BY THE

CLERK PURSUANT TO CIV. R. 58 AND CRIM. R. 32(B).

{¶ 2} As can be ascertained from the assignments of error, Bradford claims that

he is wrongfully imprisoned because he believes that the entry which sentenced him was

never journalized. In fact, the entry sentencing him for aggravated murder in 2004 was

journalized. The judgment entry was not facially invalid. As a result, he is incarcerated

based upon a valid conviction and a journalized sentencing entry.

{¶ 3} The four assignments of error are overruled. The dismissal of Bradford's

lawsuit against the Ohio Department of Rehabilitation and Correction is affirmed.

Judgment affirmed.

KLATT and DORRIAN, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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