Curd v. Gally
CourtOhio Court of Appeals
Date FiledNovember 9, 2026
Docket2026-G-0033
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
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