Lopez v. Gansheimer, Unpublished Decision (2-2-2007)

PER CURIAM OPINION

{¶ 1} This habeas corpus action is presently before this court for consideration of the motion to dismiss of respondent, Warden Richard Gansheimer of the Lake Erie Correctional Institution. As the primary grounds for this motion, respondent asserts that the sole claim of petitioner, Julio Lopez, fails to state a viable cause of action because his allegations do not set forth any challenge to the jurisdiction of the trial court which imposed his underlying criminal conviction. For the following reasons, we conclude that the motion to dismiss has merit.

{¶ 2} Petitioner's…