[Cite as State ex rel. Boyd v. Bova, 2013-Ohio-4199.]

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT 

COUNTY OF CUYAHOGA 

JOURNAL ENTRY AND OPINION 

No. 100240 

STATE OF OHIO, EX REL., 

ANTHONY BOYD

PETITIONER

vs. 

FRANK BOVA

RESPONDENT 

JUDGMENT: 

PETITION DISMISSED 

Writ of Habeas Corpus 

Motion No. 467517 

Order No. 468016 

 RELEASE DATE: September 25, 2013 
FOR PETITIONER 

Anthony Boyd, pro se 

Inmate No. 0129187 

Cuyahoga County Jail 

P.O. Box 5600 

Cleveland, Ohio 44101 

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty 

Cuyahoga County Prosecutor 

By: Mary H. McGrath 

Assistant County Prosecutor 

Justice Center - 8th Floor 

1200 Ontario Street 

Cleveland, Ohio 44113 
KENNETH A. ROCCO, J.: 

{¶1} On August 12, 2013, the petitioner, Anthony Boyd, commenced what he 

styled as a “Writ of Habeas Corpus” against the respondent, Frank Bova. Boyd is the 

defendant in State v. Boyd, Cuyahoga C.P. No. CR-564529-A. On May 7, 2013, the trial 

court found that Boyd had violated the terms of his community control sanctions and 

sentenced him to the Cuyahoga County Jail for a term of six months with “no jail time 

credit.” Boyd moved for summary judgment and attached journal entries from his case. 

Boyd generally asserts that he “has over 6 months of jail credit already served” but 

presents no evidentiary basis in support. Boyd further alleges that he is being illegally 

detained due to his belief that the trial court’s sentencing journal entry is void for not 

awarding him any jail-time credit. Respondent has filed a motion to dismiss, which we 

grant, and Boyd’s motion for summary judgment is denied for the reasons that follow. 

{¶2} R.C. 2725.04 requires the petition to be verified. In Chari v. Vore, 91 Ohio 

St.3d 323, 2001-Ohio-49, 744 N.E.2d 763, the Supreme Court of Ohio held, 

“‘Verification’ means a ‘formal declaration made in the presence of an authorized officer, 

such as a notary public, by which one swears to the truth of the statement in the 

document.’ Garner, Black’s Law Dictionary (7 Ed.1999) 1556 ***.” Id. (reversing the 

court of appeal’ granting of the writ because the procedurally defective petition should 

have been summarily dismissed); see also Griffin v. McFaul, 116 Ohio St.3d 30, 

2007-Ohio-5506, 876 N.E.2d 527, ¶ 4 (affirming denial of writ of habeas corpus for 

reasons including that the “purported verification was ineffective because it was not 
notarized.”) Boyd’s petition is not verified. 

{¶3} Further, Boyd’s affidavit specifying the details of his claim and his 

purported R.C. 2969.25(A) affidavit, describing his civil actions in the past five years, are 

not notarized. Likewise, his affidavit of indigency is not notarized. Although Boyd 

indicates that respondent does not offer notary services, this does not exempt him from 

procedural compliance with the law that requires these affidavits to be notarized. State ex 

rel. Campbell v. Russo, 8th Dist. Cuyahoga No. 95463, 2010-Ohio-4369, ¶ 11 (holding 

petitioner is not exempt from the requirement of providing notarized affidavits on 

grounds that the county jail does not provide notary services). 

{¶4} Boyd attached a document titled Cuyahoga County Sheriff’s Office Trust 

Accounts, but it is not certified as required by R.C. 2969.25(C). 

{¶5} Boyd has not included the addresses of the parties in the caption as required 

by Civ.R. 10(A), which may also be a ground for dismissal. Clarke v. McFaul, 8th Dist. 

Cuyahoga No. 89447, 2007-Ohio-2520, ¶ 5. 

{¶6} The many pleading deficiencies warrant dismissal. 

{¶7} Accordingly, this court grants respondent’s motion and dismisses the 

petition for a writ of habeas corpus. Petitioner’s motion for summary judgment is 

denied. Petitioner to pay costs. The court further directs the Clerk of the Eighth District 

Court of Appeals to serve notice of this judgment upon all parties as required by Civ.R. 

58(B). 

{¶8} Petition dismissed. 
_________________________________ 

KENNETH A. ROCCO, JUDGE 

LARRY A. JONES, SR., P.J., and 

SEAN C. GALLAGHER, J., CONCUR