The opinion
[Cite as Peterson v. Black, 2024-Ohio-1963.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF SUMMIT )
STATE EX REL. SAMSON W.
PETERSON
C.A. No. 31118
Petitioner
v.
ORIGINAL ACTION IN
JENNIFER GILLECE-BLACK HABEAS CORPUS
Respondent
Dated: May 22, 2024
PER CURIAM.
{¶1} Petitioner Samson W. Peterson has filed a petition for writ of habeas corpus asking
this Court to order Respondent Jennifer Gillece-Black, Warden of Lorain Correctional Institution,
to release him from prison. Because Mr. Peterson filed his petition in the wrong county, this case
must be dismissed.
{¶2} R.C. 2725.02 authorizes courts of appeals to grant writs of habeas corpus. That
grant of jurisdiction, however, is limited by R.C. 2725.03, which states that only courts of the
county “in which the institution is located [have] jurisdiction to issue or determine a writ of habeas
corpus * * *.” According to the petition, Mr. Peterson is incarcerated in the Lorain Correctional
Institution, a state correctional institution located in Lorain County. Mr. Peterson filed his petition
in Summit County, the county of his conviction, according to the petition, rather than Lorain
County, the county of his incarceration.
C.A. No. 31118
Page 2 of 2
{¶3} The Ohio Supreme Court considered this issue in Brown v. Hall, 123 Ohio St.3d
381, 2009-Ohio-5592. Mr. Brown was incarcerated in Richland County, but filed his petition in
Stark County; both Richland and Stark Counties are part of the Fifth District Court of Appeals.
The Fifth District considered Mr. Brown’s petition on the merits. The Supreme Court reversed
and ordered the case dismiss. The Court held that even though the “petition reached the same
district court of appeals it would have had it been filed in the correct county, the court of appeals
still lacked jurisdiction to determine the merits of [the] petition.” Brown at ¶ 1.
{¶4} Like Mr. Brown, in this case, Mr. Peterson’s petition also reached the same district
it would have had he filed it in Lorain County. Nevertheless, Mr. Peterson’s improper filing of
the petition in Summit County has deprived this Court of jurisdiction to consider it. Id. See also
Chatman v. Santiago, 9th Dist. Summit No. 25197 (May 14, 2010).
{¶5} Because Mr. Peterson did not file his petition in the county in which he is
incarcerated, this Court lacks jurisdiction to consider it. Accordingly, this case is dismissed.
{¶6} Costs are taxed to Mr. Peterson. The clerk of courts is hereby directed to serve
upon all parties not in default notice of this judgment and its date of entry upon the journal. See
Civ.R. 58(B).
BETTY SUTTON
FOR THE COURT
HENSAL, J.
FLAGG LANZINGER, J.
CONCUR.
APPEARANCES:
SAMSON W. PETERSON, Pro se, Petitioner.