[Cite as Black v. Ashland Cty. Prosecutor's Office, 2012-Ohio-1306.]

COURT OF APPEALS 

ASHLAND COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

JAMES BLACK 

 Petitioner 

-vsASHLAND COUNTY 

PROSECUTOR'S OFFICE 

 Respondent 

JUDGES: 

: Hon. Patricia A. Delaney, P.J. 

: Hon. W. Scott Gwin, J. 

: Hon. Julie A. Edwards, J. 

: 

: 

: Case No. 2011-CA-054 

: 

: 

: O P I N I O N

CHARACTER OF PROCEEDING: Writ of Prohibition 

JUDGMENT: Dismissed 

DATE OF JUDGMENT ENTRY: March 26, 2012 

APPEARANCES: 

For Petitioner For Respondent 

JAMES BLACK PRO SE RAMONA FRANCESCONI ROGERS 

 Ashland County Prosecutor 

 BY MICHAEL D. DONATINI 

 Assistant Prosecuting Attorney 

 110 Cottage St., Third Floor 

 Ashland, OH 44805
[Cite as Black v. Ashland Cty. Prosecutor's Office, 2012-Ohio-1306.]

Gwin, J. 

{1} Petitioner, James Black, has filed a Petition for Writ of Prohibition which 

he has moved to amend to include a Writ of Habeas Corpus. Respondent has filed a 

Motion to Dismiss urging this Court to find Petitioner has named an improper 

Respondent and Petitioner has an adequate remedy at law. 

{2} In order for a writ of prohibition to issue, petitioner must prove that: (1) the 

lower court is about to exercise judicial authority; (2) the exercise of authority is not 

authorized by law; and, (3) the petitioner has no other adequate remedy in the ordinary 

course of law if a writ of prohibition is denied. State ex rel. Keenan v. Calabrese (1994), 

69 Ohio St.3d 176, 178, 631 N.E.2d 119. A writ of prohibition, regarding the 

unauthorized exercise of judicial power, will only be granted where the judicial officer's 

lack of subject-matter jurisdiction is patent and unambiguous. Ohio Dept. of Adm. Serv., 

Office of Collective Bargaining v. State Emp. Relations Bd. (1990), 54 Ohio St.3d 48, 

562 N.E.2d 125. State ex rel. Daniels v. Harris, 2008 WL 5197131, 1 (Ohio App. 5 

Dist.). 

{3} The named Respondent in this case is the Ashland County Prosecutor. A 

writ of prohibition is used to limit judicial authority. The Ashland County Prosecutor 

does not have judicial authority, therefore, prohibition cannot lie to prevent the Ashland 

County Prosecutor from acting. 

{4} With regard to Petitioner’s habeas corpus claim, Petitioner has also failed 

to name a proper respondent. See Tate v. Bernard (Nov. 21, 2001), Trumbull App. No. 

2001–T–0087, 2001 WL 1497206 (“the writ will lie only against the individual who is 

directly responsible for keeping the petitioner in custody”); Jackson v. State (Apr. 19, 
Ashland County, Case No. 2011-CA-054 3 

2002), Cuyahoga App. No. 81007, 2002 WL 737495 (dismissal of petition for writ of 

habeas corpus appropriate when petitioner named the state rather than the sheriff—his 

custodian as the respondent). Petitioner has named the Ashland County Prosecutor 

rather than the warden or sheriff who is responsible for keeping Petitioner in custody. 

{5} Because neither prohibition nor habeas corpus lie against the named 

Respondent, the petition is dismissed for failure to state a claim upon which relief may 

be granted. 

By Gwin, J., 

Delaney, P.J., and 

Edwards, J., concur 

 _________________________________ 

 HON. W. SCOTT GWIN 

 _________________________________ 

 HON. PATRICIA A. DELANEY 

 _________________________________ 

 HON. JULIE A. EDWARDS 

WSG:clw 0315 
[Cite as Black v. Ashland Cty. Prosecutor's Office, 2012-Ohio-1306.]

IN THE COURT OF APPEALS FOR ASHLAND COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

JAMES BLACK : 

 : 

 Petitioner : 

 : 

 : 

-vs- : JUDGMENT ENTRY 

 : 

ASHLAND COUNTY : 

PROSECUTOR'S OFFICE : 

 : 

 : 

 Respondent : CASE NO. 2011-CA-054 

 For the reasons stated in our accompanying Memorandum-Opinion, the petition is 

dismissed for failure to state a claim upon which relief may be granted. 

 _________________________________ 

 HON. W. SCOTT GWIN 

 _________________________________ 

 HON. PATRICIA A. DELANEY 

 _________________________________ 

 HON. JULIE A. EDWARDS