[Cite as Forrest-Bey v. May, 2020-Ohio-3482.]

COURT OF APPEALS 

RICHLAND COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

CHRISTOPHER M. FORREST-BEY, SR. JUDGES: 

 Hon. William B. Hoffman, P.J. 

 Petitioner Hon. Patricia A. Delaney, J. 

 Hon. Earle E. Wise, Jr., J. 

-vs- 

 Case No. 2020 CA 0044 

HAROLD MAY 

 

 Respondent O P I N IO N 

 

CHARACTER OF PROCEEDINGS: Writ of Habeas Corpus 

JUDGMENT: Dismissed 

 

DATE OF JUDGMENT ENTRY: June 24, 2020 

APPEARANCES: 

 

For Petitioner For Respondent

 

CHRISTOPHER M. FORREST-BEY, SR. GARY D. BISHOP 

A763516 Richland Correctional Institution Richland County Prosecuting Attorney

1001 Olivesburg Road 38 S. Park Street

P.O. Box 8107 Mansfield, Ohio 44902 

Mansfield, Ohio 44901 

 

 
Richland County, Case No. 2020 CA 0044 2 

Hoffman, P.J. 

{¶1} On May 18, 2020, Petitioner, Christopher M. Forrest-Bey, Sr., filed a Petition 

for Writ of Habeas Corpus against Harold May, Warden of the Richland Correctional 

Institution. Mr. Forrest-Bey sets forth several grounds in support of his petition and based 

upon these grounds, he claims he should be released from prison. The grounds asserted 

by Mr. Forrest-Bey include: (1) the trial court lacked jurisdiction because of an unsigned 

warrant; (2) the trial court lacked jurisdiction over arrest warrants issued without any 

probable cause determination; and (3) the trial court lacked jurisdiction over arrest 

warrants issued by a clerk who works for the police department. 

{¶2} Due to the following deficiencies, Mr. Forrest-Bey’s petition is not sufficient 

to maintain an action for habeas corpus and his petition is sua sponte dismissed. First, 

the petition is not verified as required by R.C. 2725.04. The failure to verify the petition 

requires dismissal. State v. Vore, 91 Ohio St.3d 323, 327, 744 N.E.2d 763 (2001); State 

ex rel. Crigger v. Ohio Adult Parole Auth., 82 Ohio St.3d 270, 272, 695 N.E.2d 254 (1998). 

Second, Mr. Forrest-Bey did not comply with R.C. 2725.04(D), which requires a copy of 

the commitment or cause of detention be attached to the petition for 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). 

{¶3} Third, Mr. Forrest-Bey filed an affidavit of indigency, but failed to include 

required documentation for his affidavit of indigency in violation of R.C. 2969.25(C)(1). 

Section (C)(1) requires a statement that sets forth the balance in the inmate’s account for 

each of the preceding six months, as certified by the institutional cashier. The statutory 

requirements contained in R.C. 2969.25(C) are mandatory and failure to comply subjects 
Richland County, Case No. 2020 CA 0044 3 

Mr. Forrest-Bey’s petition to dismissal. Al’Shahid v. Cook, 144 Ohio St.3d 15, 2015-Ohio2079, 40 N.E.3d 1073, ¶ 9. 

{¶4} For the foregoing reasons, we sua sponte dismiss Mr. Forrest-Bey’s Petition 

for Writ of Habeas Corpus. The clerk of courts is hereby directed to serve upon all parties 

not in default notice of this judgment and its date of entry upon the journal. 

PETITION SUA SPONTE DISMISSED. 

COSTS TO PETITIONER. 

IT IS SO ORDERED. 

By: Hoffman, P.J. 

Delaney, J. and 

Wise, Earle, J. concur