State v. Gansheimer, 2007-A-0042 (9-28-2007)

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, James A. Vinson, does not state a viable cause of action because none of his factual allegations pertain to the jurisdiction of the trial court which imposed his underlying conviction. For the following reasons, we hold that the motion to dismiss has merit.

{¶ 2} Petitioner has been incarcerated…