[Cite as Bates v. [Respondent] , 2020-Ohio-5022.]

COURT OF APPEALS ASHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT

BRIAN BATES

Petitioner

-vs-

Respondent JUDGES: Hon. William B. Hoffman, P. J. Hon. John W. Wise, J. Hon. Earle E. Wise, Jr., J.

Case No. 20 COA 027

O P I N I O N

CHARACTER OF PROCEEDING: Writ of Habeas Corpus

JUDGMENT: Dismissed

DATE OF JUDGMENT ENTRY: October 22, 2020

APPEARANCES: For Petitioner For Respondent

BRIAN BATES ASHLAND COUNTY SHERIFF'S DEPARTMENT 1205 East Main Street Ashland, Ohio 44805Ashland County, Case No. 20 COA 027 2

Wise, John, J. {¶1} On October 13, 2020, Petitioner, Brian Bates, filed a Petition for Writ of Habeas Corpus. He did not identify a respondent in his petition . Mr. Bates’s argument is not easily followed, but he makes the following allegations in support of his writ: (1) “You are making injurious ‘presumptions’ which prejudice my Constitu tional rights. I am not a vessel in commerce[.]” (2) “I am not a citizen, surety for subj ect of, an officer of, and do not owe allegiance, fealty, bond undertaking, obligation, duty tax, impost, or tribute. Matters are not being handled with efficiency, or are not being taken care of at all, usurpation of funds is occurring, there is rampant fraud and de ceit[.]” (3) “Deputy was noticed at initial stop & crimes against my flesh & blood have been continual since.” (4) “ ‘Where rights secured by the constitution are involved, there can be no rule making or legislation would abrogate them[.’ ”] {¶2} We find Mr. Bates cannot maintain an action for habeas corpus a nd his petition is sua sponte dismissed. We are permitted to dismiss a habeas corpus petition sua sponte if the petition does not contain a facially valid cl aim. State ex rel. Crigger v.

Ohio Adult Parole Auth. , 82 Ohio St.3d 270, 271, 695 N.E.2d 254 (1988). {¶3} Here, Mr. Bates failed to attach his commitment papers. The Cou rt reviewed the Ohio Department of Rehabilitation and Correction’s website (https://appgateway.drc.ohio.gov/OffenderSearch/Search/Details/ A748953) and

confirmed Mr. Bates was released from the Southeastern Correcti onal Institution on July 2, 2020. It appears Mr. Bates may be incarcerated in the Ashlan d County Jail. However, without a copy of any commitment papers, and based on the infor mation from the above website, we must assume Mr. Bates is not currently incarcerated

.Ashland County, Case No. 20 COA 027 3

{¶4} R.C. 2725.04(D) requires a copy of the commitment or cause of d etention be attached to the petition for a writ of habeas corpus. Withou t the commitment papers, the writ of habeas corpus is fatally defective. Brown v. Rogers , 72 Ohio St.3d 339, 341, 650 N.E.2d 422 (1995). A court may sua sponte dismiss a petitio n for habeas corpus that fails to comply with R.C. 2725.04(D). See State ex rel. Wynn v. McFaul , 81 Ohio St.3d 193, 194, 690 N.E.2d 7 (1998) (Ohio Supreme Court affirmed cour t of appeals’ sua sponte dismissal of habeas corpus petition for failure to comply with R.C. 2725.04(D).) {¶5} We also note Mr. Bates failed to identify a proper respondent. This also serves as an independent basis to sua sponte dismiss his writ. See State ex rel. Sherrills

v. State , 91 Ohio St.3d 133, 742 N.E.2d 651 (Ohio Supreme Court affirme d sua sponte dismissal of a petition for habeas corpus because petitioner di d not name proper respondents.) {¶6} Therefore, we dismiss Mr. Bates’s writ of habeas corpus. It app ears he may no longer be incarcerated and he submitted no commitment papers indicating otherwise. Further, Mr. Bates failed to identify a proper respondent.Ashland County, Case No. 20 COA 027 4

{¶7} For the foregoing reasons, we sua sponte dismiss Mr. Bates’s Pe tition for Writ of Habeas Corpus. The clerk of courts is hereby directed t o serve upon Mr. Bates and the Ashland County Prosecutor notice of this judgment and i ts date of entry upon the journal. See Civ.R. 58(B).

By: Wise, John, J. Hoffman, P. J., and Wise, Earle, J., concur.

JWW/AC 1014