Upkins v. Adult Probation Dept.

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[Cite as Upkins v. Adult Probation Dept., 2002-Ohio-423.] IN THE COURT OF CLAIMS OF OHIO LAMONE UPKINS : Plaintiff : CASE NO. 2001-11405 v. : ENTRY OF DISMISSAL ADULT PROBATION DEPARTMENT Defendant : : : : : : : : : : : : : : : : : : : On December 28, 2001, the Office of the Attorney General filed a suggestion of lack of jurisdiction. On January 7, 2002, plaintiff filed a response to the December 28, 2001, filing. R.C. 2743.02(E) states: The only defendant in original actions in the court of claims is the state. The state may file a third-party complaint or counterclaim in any civil action, except a civil action for two thousand five hundred dollars or less, that is filed in the court of claims. R.C. 2743.01(A) states: ‘State’ means the state of Ohio, including, but not limited to, the general assembly, the supreme court, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state of Ohio. ‘State’ does not include political subdivisions. Upon review, the court finds that it lacks jurisdiction over plaintiff’s claims against defendant, Adult Probation Department, Shelby County, Sidney, Ohio. hereby DISMISSED. Therefore, plaintiff’s case is Court costs are assessed against plaintiff. [Cite as Upkins v. Adult Probation Dept., 2002-Ohio-423.] The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal. ________________________________ JUDGE Entry cc: Lamone Upkins, #413-869 P.O. Box 4501 Lima, Ohio 45802-4501 Pro se Sally Ann Walters 65 East State St., 16th Fl. Columbus, Ohio 43215 Assistant Attorney General KWP/cmd Filed 1-15-2002 Jr. Vol. 692, Pgs. 68-69 To S.C. reporter 2-5-2002