[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 44805 
Ashland 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 Constitutional rights. I am not a 

vessel in commerce[.]” (2) “I am not a citizen, surety for subject 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 deceit[.]” (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 and 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 claim. 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 Court 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 Correctional Institution on July 

2, 2020. It appears Mr. Bates may be incarcerated in the Ashland County Jail. However, 

without a copy of any commitment papers, and based on the information 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 detention 

be attached to the petition for a writ of habeas corpus. Without 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 petition 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 court 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 affirmed sua sponte 

dismissal of a petition for habeas corpus because petitioner did not name proper 

respondents.) 

{¶6} Therefore, we dismiss Mr. Bates’s writ of habeas corpus. It appears 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 Petition for 

Writ of Habeas Corpus. The clerk of courts is hereby directed to serve upon Mr. Bates 

and the Ashland County Prosecutor notice of this judgment and its 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