[Cite as State ex rel. Thomas v. Scott, 2014-Ohio-3250.]

IN THE COURT OF APPEALS OF OHIO 

TENTH APPELLATE DISTRICT 

[State of Ohio ex rel. James Thomas of : 

The House McBride, 

 : 

 Petitioner, No. 13AP-887 

 : 

 (REGULAR CALENDAR) 

v. : 

 

Franklin County Sheriff Zach Scott, : 

 Respondent.] : 

 

D E C I S I O N 

 

Rendered on July 24, 2014 

 

James Thomas of The House McBride, pro se. 

Ron O'Brien, Prosecuting Attorney, and Jeffrey C. Rogers,

for respondent. 

 

IN HABEAS CORPUS 

BROWN, J. 

{¶ 1} Relator, James Thomas of The House McBride, has filed this original action 

requesting that this court issue a writ of habeas corpus ordering respondent, Franklin 

County Sheriff Zach Scott, to release him from custody. 

{¶ 2} This matter was referred to a magistrate of this court pursuant to Civ.R. 

53(C) and Loc.R. 13(M) of the Tenth District Court of Appeals. The magistrate issued the 

appended decision, including findings of fact and conclusions of law, and recommended 

that this court grant summary judgment in favor of respondent. No objections have been 

filed to that decision. 
No. 13AP-887 2

{¶ 3} As there have been no objections filed to the magistrate's decision, and it 

contains no error of law or other defect on its face, based on an independent review of the 

file, this court adopts the magistrate's decision. Respondent's motion for summary 

judgment is granted. 

Motion for summary judgment granted;action dismissed. 

TYACK and CONNOR, JJ., concur. 

____________________ 
[Cite as State ex rel. Thomas v. Scott, 2014-Ohio-3250.]

APPENDIX 

IN THE COURT OF APPEALS OF OHIO 

TENTH APPELLATE DISTRICT 

[State of Ohio ex rel. James Thomas of : 

The House McBride, 

 : 

 Petitioner, No. 13AP-887 

 : 

 (REGULAR CALENDAR) 

v. : 

 

Franklin County Sheriff Zach Scott, : 

 Respondent.] : 

 

M A G I S T R A T E ' S D E C I S I O N 

Rendered on December 9, 2013 

 

James Thomas of The House McBride, pro se. 

Ron O'Brien, Prosecuting Attorney, and Jeffrey C. Rogers,

for respondent. 

 

IN HABEAS CORPUS 

ON MOTION FOR SUMMARY JUDGMENT 

{¶ 4} Relator, James Thomas of The House McBride, has filed this original action 

requesting that this court issue a writ of habeas corpus ordering respondent, Franklin 

County Sheriff Zach Scott, to release him from custody. 

 

Findings of Fact: 
No. 13AP-887 4

{¶ 5} 1. On October 17, 2013, relator filed this habeas corpus action asserting that 

he was "[c]urrently being held at the Franklin County Correctional Facility I, 370 S. Front 

Street, Columbus, Ohio 43215." Relator asserted that neither the State of Ohio nor the 

State of South Carolina, nor the United States of America had jurisdiction over him for the 

following reasons: 

As Divine Spirit incarnate as man, Petitioner duly notified 

agents and agencies of the STATE OF OHIO, STATE OF 

SOUTH CAROLINA and the UNITED STATES numerous 

times of his lawful standing as Divine Spirit incarnate. Notice 

to Principal is notice to agent. Notice to agent is notice to 

principal. 

(Emphasis sic.) 

{¶ 6} 2. On November 5, 2013, respondent filed a motion to dismiss relator's 

action on the following grounds: 

Petitioner was arrested on September 12, 2013 by Dublin 

Police Department pursuant to a warrant from the State of 

South Carolina. He was placed in the Franklin County Jail on 

September 12, 2013. He was released for extradition to the 

State of South Carolina on October 29th, 2013. He is no 

longer in the custody of Franklin County (see attached 

affidavit, Exhibit #1)[.] 

{¶ 7} 3. Respondent attached the affidavit of Major Chad Thompson. In that 

affidavit, Major Thompson avers as follows: 

[Two] I have been employed with the Franklin County 

Sheriff's Office since August 17, 1992. 

[Three] My current rank is Major. 

[Four] I have held the rank of Major since September 5, 

2012. 

[Five] My duties as Major include overseeing the day to day 

operations of the Franklin County Corrections Center I 

("Main Jail"), located at 370 S. Front St., Columbus, Ohio, 

43215, and any other duties assigned to me by superior 

officers. 

[Six] On September 12, 2013, James Thomas McBride was 

incarcerated in Franklin County. 
No. 13AP-887 5

[Seven] On October 29, 2013, James Thomas McBride was 

released for extradition to the State of South Carolina. 

{¶ 8} 4. Because respondent's motion to dismiss attached matters that were 

outside the record, the magistrate converted the motion to one for summary judgment 

and scheduled it for submission on November 22, 2013. 

{¶ 9} 5. The matter is currently before the magistrate on respondent's motion for 

summary judgment. 

Conclusions of Law: 

{¶ 10} For the reasons that follow, it is this magistrate's decision that this court 

should grant summary judgment in favor of respondent. 

{¶ 11} A motion for summary judgment requires the moving party to set forth the 

legal and factual basis supporting the motion. To do so, the moving party must identify 

portions of the record which demonstrate the absence of a genuine issue of material fact. 

Dresher v. Burt, 75 Ohio St.3d 280 (1996). Accordingly, any party moving for summary 

judgment must satisfy a three-prong inquiry showing: (1) that there is no genuine issue as 

to any material facts; (2) that the parties are entitled to judgment as a matter of law; and 

(3) that reasonable minds can come to but one conclusion, which conclusion is adverse to 

the party against whom the motion for summary judgment is made. Harless v. Willis 

Day Warehousing Co., 54 Ohio St.2d 64 (1978). 

{¶ 12} A writ of habeas corpus is an extraordinary remedy that is available only in 

cases "where there is an unlawful restraint of a person's liberty and no adequate remedy 

at law." Pratts v. Hurley, 102 Ohio St.3d 81, 2004-Ohio-1980. Inasmuch as relator is no 

longer in respondent's custody, respondent cannot release relator from custody. 

Inasmuch as there is no relief which this court can provide relator, the magistrate agrees 

with respondent that relator's habeas corpus petition is moot and this court should grant 

summary judgment in favor of respondent. 

 /S/ MAGISTRATE 

 STEPHANIE BISCA BROOKS 

NOTICE TO THE PARTIES 
No. 13AP-887 6

Civ.R. 53(D)(3)(a)(iii) provides that a party shall not assign 

as error on appeal the court's adoption of any factual finding 

or legal conclusion, whether or not specifically designated as 

a finding of fact or conclusion of law under Civ.R. 

53(D)(3)(a)(ii), unless the party timely and specifically 

objects to that factual finding or legal conclusion as required 

by Civ.R. 53(D)(3)(b).