State v. Soltau, Unpublished Decision (8-11-2004)
State v. Soltau, Unpublished Decision (8-11-2004)
Opinion of the Court
{¶ 2} Soltau filed this action in habeas corpus claiming that the amount of the bond is excessive. The judges moved to dismiss arguing that the amount of the bond is not excessive, and Soltau has not responded to the motion to dismiss.
{¶ 3} A review of the docket in Case No. CR-448612 reflects that Soltau posted a surety bond in the amount of $250,000 on June 12, 2004, and, because he is no longer in custody, this action in habeas corpus is moot.
{¶ 4} Additionally, the petition manifests numerous defects. The caption of this case is "State v. Soltau." Failure to name a respondent4 as well as to provide the addresses for the parties5 are grounds for dismissal.
{¶ 5} The petition is defective on another ground.
{¶ 6} "* * * Additionally, relator `did not file an R.C.
{¶ 7} Likewise, in this action, Soltau has failed to support his complaint with the requisite affidavit and supporting information, which is another basis for dismissing this action.7
{¶ 8} Similarly, Soltau has not complied with Loc.App.R. 45(B)(1)(a) which requires that petition in original actions be supported by an affidavit from the plaintiff or relator specifying the details of the claim. In the Verification of Petition accompanying the petition, Soltau avers "that the facts and allegations made herein are true as I verily believe, to the best of my knowledge, information and belief." Soltau's averment does not specify the facts and is not sufficient to satisfy the requirement of Loc.App.R. 45(B)(1)(a) that the affidavit supporting the petition specify the details of the claim. "The absence of facts specifying the details of the claim required by Loc.App.R. 45(B)(1)(a) is a ground for dismissal."8
{¶ 9} We grant the judge's motion to dismiss. Soltau to pay costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).
Writ dismissed.
Corrigan, A.J., concurs. Dyke, J., concurs.
Reference
- Full Case Name
- State of Ohio v. Henry Soltau, Relator.
- Cited By
- 2 cases
- Status
- Unpublished