[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