[Cite as State ex rel. Hassan v. Bova, 2013-Ohio-4200.]

Court of Appeals of Ohio 

EIGHTH APPELLATE DISTRICT 

COUNTY OF CUYAHOGA 

JOURNAL ENTRY AND OPINION 

No. 100260 

STATE OF OHIO, EX REL., ALEX HASSAN 

RELATOR 

vs. 

FRANK BOVA 

 RESPONDENT 

JUDGMENT: 

PETITION DISMISSED 

Writ of Habeas Corpus 

Order No. 468181 

RELEASE DATE: September 23, 2013 
FOR RELATOR

Alex Hassan, pro se 

Inmate No. 0161587 

Cuyahoga County Jail 

P.O. Box 5600 

Cleveland, OH 44101 

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty 

Cuyahoga County Prosecutor 

By: James M. Price 

Assistant County Prosecutor 

The Justice Center, 8th Floor 

1200 Ontario Street 

Cleveland, OH 44113 
EILEEN A. GALLAGHER, J.:

{¶1} Alex Hassan has filed a petition for a writ of habeas corpus. Hassan asserts 

that he is entitled to immediate release from incarceration “since he is being held illegally 

by respondent Frank Bova [the Cuyahoga County Sheriff] in the Cuyahoga County Jail 

located at 1215 W. 3rd St. Cleveland, Ohio 44113 pertaining to his department not 

properly calculating his jail time credit to petitioner’s sentence (Cuyahoga County 

Common Pleas Case #558-182).” For the following reasons, we sua sponte dismiss the 

petition for a writ of habeas corpus. 

{¶2} The Supreme Court of Ohio has established that 

Habeas corpus is an extraordinary remedy and as with every extraordinary 

remedy is not available as a means of relief where there is an adequate 

remedy in the ordinary course of the law. In re Burson, 152 Ohio St. 375 

[40 O.O. 391][1949]. Habeas corpus may not be used as a substitute for 

appeal nor may be resorted to where an adequate statutory remedy for 

review of the questions presented exists. 

In re Piazza, 7 Ohio St.2d 102, 103, 218 N.E.2d 459 (1966). See also Linger v. Weiss, 

57 Ohio St.2d 97, 386 N.E.2d 1354 (1979); In re Clendenning, 145 Ohio St. 82, 60 

N.E.2d 676 (1945). 

{¶3} Moreover, the Supreme Court of Ohio has firmly established that a 

discretionary right of appeal constitutes a sufficiently plain and adequate remedy in the 
ordinary course of the law. State ex rel. Berger v. McMonagle, 6 Ohio St.3d 28, 451 

N.E.2d 225 (1983); State ex rel. Cleveland v. Calandra, 62 Ohio St.2d 121, 403 N.E.2d 

989 (1980). 

{¶4} Herein, Hassan was found to be in violation of community control sanctions 

for a third time on June 25, 2013, and sentenced to a term of incarceration of six months 

with credit for time already served. Hassan not only possessed adequate remedies at law, 

but has either employed an adequate remedy or failed to employ an existing adequate 

remedy at law. Hassan could have filed a timely appeal from the judgment that imposed 

a term of incarceration of six months, which constituted an adequate remedy at law. In 

addition, Hassan has filed a motion for jail-time credit in the underlying criminal action. 

The motion for jail-time credit constitutes an adequate remedy at law. In re Hunt, 46 

Ohio St.2d 378, 348 N.E.2d 727 (1976); In re Piazza, at ¶ 103. See also Hardesty v. 

Williamson, 9 Ohio St.3d 174, 459 N.E.2d 552 (1984). Thus, Hassan is not entitled to a 

writ of habeas corpus. 

{¶5} Accordingly, we sua sponte dismiss the petition for a writ of habeas corpus 

on behalf of Hassan. Costs to Hassan. The court directs the clerk of court to serve all 

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

Civ.R. 58(B). 

{¶6} Petition dismissed. 
 

 

EILEEN A. GALLAGHER, JUDGE 

FRANK D. CELEBREZZE, JR., P.J., and 

EILEEN T. GALLAGHER, J., CONCUR