Webber v. Kelly, 2008-T-0025 (6-20-2008)

PER CURIAM OPINION

{¶ 1} This habeas corpus action is now before this court for consideration of the dismissal motion of respondent, Warden B. Kelly of the Trumbull Correctional Institution. As the primary basis for his motion, respondent submits that the instant matter should not go forward because the allegations of petitioner, Danny J. Webber, are insufficient to state a viable claim for the writ. For the following reasons, this court concludes that the motion to dismiss has merit.

{¶ 2} Petitioner's present incarceration in respondent's institution is based upon a 1999 criminal conviction…