Waiver of Fees
Crigger initially asserts that the court of appeals erred by assessing $50 in filing fees against him. He contends that the court of appeals improperly applied R.C. 2969.22 et seq. because these statutes do not apply to habeas corpus actions and R.C. 2725.28 precluded the court from requiring that he pay the $50 filing fee.
However, Crigger’s own attachment to his affidavit of waiver and indigency indicated that the prison cashier certified that he had funds in his account to cover the fee. Crigger was not indigent, and we therefore need not address his contention that R.C. 2969.22 et seq. do not apply to habeas corpus actions. Also, since Crigger did not raise the applicability of R.C. 2725.28 in the court of' appeals, we need not consider that issue on appeal. State v. Awan (1986),
Opportunity to Respond to Motion to Dismiss
Crigger next asserts that the court of appeals erred by granting the APA’s motion to dismiss before affording him the opportunity to respond. R.C. Chapter 2725, however, which prescribes a basic, summary procedure for instituting habeas corpus actions, does not require service of the petition before dismissal if the petition does not contain a facially valid claim. State ex rel. Carrion v. Ohio Adult Parole Auth. (1998),
Crigger asserts in his remaining propositions of law that the court of appeals erred in dismissing his habeas corpus petition. For the following reasons, Crigger’s contentions are meritless.
First, while Crigger is correct that his sentencing entry is irrelevant to his complaint about his current confinement, see Brown v. Rogers (1995),
Second, except for his claim of unreasonable delay in conducting parole revocation proceedings, Crigger’s contentions that the subsequent parole revocation proceedings denied him due process of law under Morrissey v. Brewer (1972),
Third, Crigger did not state with sufficient particularity his entitlement to extraordinary relief in habeas corpus. While he alleged in a conclusory manner that the APA did not afford him a parole revocation hearing in a timely fashion, he did not state with sufficient particularity prejudice from the APA’s alleged actions. See Jackson, supra,
Based on the foregoing, the court of appeals properly dismissed Crigger’s habeas corpus petition. Accordingly, we affirm the judgment of the court of' appeals.
Judgment affirmed.
