[Cite as Willis v. Cuyahoga Cty. Common Pleas Court, 2022-Ohio-307.]

COURT OF APPEALS OF OHIO 

EIGHTH APPELLATE DISTRICT 

COUNTY OF CUYAHOGA 

COURTNEY WILLIS, : 

 Relator, : 

 No. 111112 

 v. : 

 

CUYAHOGA COUNTY COMMON : 

PLEAS COURT, 

 : 

 Respondent. 

 

JOURNAL ENTRY AND OPINION 

 JUDGMENT: COMPLAINT DISMISSED 

RELEASED AND JOURNALIZED: January 28, 2022 

 

Writ of Habeas Corpus 

Order No. 552166 

 

Appearances: 

Courtney Willis, pro se. 

Michael C. O’Malley, Cuyahoga County Prosecuting 

Attorney, and James E. Moss, Assistant Prosecuting 

Attorney, for respondent. 

MARY EILEEN KILBANE, J.: 

On December 14, 2021, the petitioner, Courtney Willis, commenced 

this habeas corpus case against the respondent, the Cuyahoga County Court of 

Common Pleas. He avers that on April 18, 2018, his case was overturned by the 
Eighth District Court of Appeals and that he still has not had his case reinstated as 

commanded by the journal entry. For the following reasons, this court dismisses 

the petition, sua sponte. 

In the underlying case, Cuyahoga C.P. No. CR-17-612954-A, a jury 

convicted him of three counts of burglary, three counts of criminal damaging, and 

one count each of theft and petty theft. He appealed on April 16, 2018. A clerical 

error caused the case to be docketed as two appeals: State v. Willis, 8th Dist. 

Cuyahoga No. 107070 and State v. Willis, 8th Dist. Cuyahoga No. 107071. On April 

18, 2018, this court issued the following journal entry in Case No. 107071: “Sua 

sponte, due to clerical error, 107071 is dismissed as duplicative of 107070. Notice 

Issued.” On the same day, the administrative judge of the common pleas court 

issued the standard order that 

this case [No. 107071] will remain with the court of appeals until 

6/02/2018. If no other filing has tolled the time of appeal to the Ohio 

Supreme Court, the case will then be returned to the docket of the 

originating court by the administrative judge. No substantive action 

will be taken in this matter until the time for filing any post-judgment 

motion or appeal has expired and the case has been reinstated by the 

administrative judge. 

On February 14, 2019, this court affirmed Willis’s convictions. State v. Willis, 8th 

Dist. Cuyahoga No. 107070, 2019-Ohio-537. 

It is apparent that Willis has misinterpreted the April 18, 2018 orders. 

They did not overturn Willis’s convictions. The first merely dismissed Case No. 

107071 as duplicative of Case No. 107070. The common pleas court entry merely 

stated that no action would be taken on the case until the time for filing an appeal to 
the Supreme Court of Ohio had passed, as well as any post-decision motions in the 

appellate case. Given the affirmance of his convictions, there is no further action to 

be taken at the trial-court level. Accordingly, Willis does not state a cause of action 

for habeas corpus or any other extraordinary writ. 

Willis did not verify his complaint for habeas corpus as mandated by 

R.C. 2725.04. The failure to verify a habeas corpus complaint is grounds for 

dismissal. Chari v. Vore, 91 Ohio St.3d 323, 2001-Ohio-49, 744 N.E.2d 763. Nor did 

Willis comply R.C. 2969.25(C) that requires he file a poverty affidavit with the prison 

cashier’s statement for the last six months. 

Accordingly, this court dismisses the petition for a writ of habeas 

corpus. Petitioner to pay costs. This court directs the clerk of courts to serve all 

parties notice of this judgment and its date of entry upon the journal as required by 

Civ.R. 58(B). 

Petition dismissed. 

 

MARY EILEEN KILBANE, JUDGE 

EILEEN A. GALLAGHER, P.J., and 

EMANUELLA D. GROVES, J., CONCUR