Full Opinion

[Cite as Curd v. Gally, 2026-Ohio-4437.] IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT GEAUGA COUNTY CHRISTOPHER CURD, CASE NO. 2026-G-0033 Petitioner, Original Action for Writ of Habeas Corpus - vs - ELIZABETH V. GALLY, Respondent. PER CURIAM MEMORANDUM OPINION AND JUDGMENT ENTRY Decided: November 9, 2026 Judgment: Petition dismissed Christopher Curd, pro se, Geauga County Jail, 12450 Merritt Road, Chardon, OH 44024 (Petitioner). Elizabeth V. Gally, 50 Bud Drive, Middlefield, OH 44062 (Respondent). PER CURIAM. {¶1} Christopher Curd petitions this court to issue a writ of habeas corpus “to grant him relief from confinement by Scott A. Hildebrand, Geauga County Sheriff,” where he is currently serving a 60-day jail sentence for contempt at the Geauga County Jail. {¶2} Curd, however, failed to name the Geauga County Sheriff as the respondent. Instead, he named Elizabeth Gally, the opposing party in the underlying Geauga County Juvenile Court case. Habeas corpus claims can be made only against the jailer or warden who presently has legal custody of the individual. Hamilton v. Collins, 2003-Ohio-4104, ¶ 3 (11th Dist.). On this basis alone, Curd’s petition is subject to immediate dismissal. Id. {¶3} In addition, Curd failed to attach the Geauga County Juvenile Court’s judgment entry to his petition. “When filing a petition for a writ of habeas corpus, a person must generally provide ‘[a] copy of the commitment or cause of detention of such person.’ R.C. 2725.04(D).” State ex rel. Davis v. Sheldon, 2022-Ohio-2789, ¶ 7. “To comply with this rule, a petitioner must attach all pertinent papers regarding his commitment, including sentencing entries . . . .” Id., citing State ex rel. Cannon v. Mohr, 2018-Ohio-4184, ¶ 6. “A petition that fails to comply with this requirement is defective and must be dismissed.” Id., citing Farley v. Wainwright, 2021-Ohio-670, ¶ 6. See also Travis v. Trumbull Cty. Sheriff, 2017-Ohio-8947, ¶ 8 (11th Dist.) (petition must comply with requirements of R.C. 2725.05(D) to avoid dismissal). As this court explained in Wordlow v. Bracy, 2022-Ohio- 2925 (11th Dist.): “The basis for this interpretation of the statute is that copies of the commitment papers are needed in order for the court to obtain a complete understanding of the grounds for the requested relief. In addition, we have emphasized that when a petitioner’s confinement is predicated upon a sentence imposed by a trial court, R.C. 2725.04(D) mandates that the petition must be accompanied by copies of the sentencing judgments.” Id. at ¶ 3, quoting State ex rel. Winnick v. Gansheimer, 2006-Ohio-3431, ¶ 5 (11th Dist.). {¶4} Since Curd’s claim was not raised against the proper party and we cannot adequately determine the grounds for his requested relief, Curd’s petition is fatally defective. {¶5} Accordingly, Curd’s petition is sua sponte dismissed. MATT LYNCH, P.J., JOHN J. EKLUND, J., ROBERT J. PATTON, J., concur. PAGE 2 OF 3 Case No. 2026-G-0033 JUDGMENT ENTRY For the reasons stated in the Per Curiam Memorandum Opinion of this court, petitioner’s petition for writ of habeas corpus is hereby sua sponte dismissed. Costs to be taxed against petitioner. PRESIDING JUDGE MATT LYNCH, concurs JUDGE JOHN J. EKLUND, concurs JUDGE ROBERT J. PATTON, concurs THIS DOCUMENT CONSTITUTES A FINAL JUDGMENT ENTRY A certified copy of this opinion and judgment entry shall constitute the mandate pursuant to Rule 27 of the Ohio Rules of Appellate Procedure. PAGE 3 OF 3 Case No. 2026-G-0033