Jelus v. Unknown

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[Cite as Jelus v. Unknown, 2008-Ohio-7031.] Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us ROBERT JELUS Plaintiff v. UNKNOWN Defendant Case No. 2008-08949-AD Deputy Clerk Daniel R. Borchert ENTRY OF DISMISSAL {¶ 1} On August 19, 2008, plaintiff, Robert Jelus, filed a complaint against defendant, Kokosing Construction Company. On August 20, 2008, this court issued a pre-screening entry dismissing Kokosing Construction Company as defendant and requiring plaintiff to submit on or before September 20, 2008, an amended complaint which names a state department, board, office, commission, agency, institution or other state instrumentality as defendant. On September 3, 2007, plaintiff filed an amended complaint which again names Kokosing Construction Company as defendant. {¶ 2} R.C. 2743.02(E) in pertinent part states: {¶ 3} (E) The only defendant in original actions in the court of claim is the state. {¶ 4} Kokosing Construction Company is not a state entity. Accordingly, plaintiff s case is DISMISSED without prejudice. The court shall absorb the court costs of this case in excess of the filing fee. Case No. 2008-08949-AD Entry cc: Robert Jelus 2094 Entrada Drive Beavercreek, Ohio 45431 DRB/laa Filed 10/15/08 Sent to S.C. reporter 1/6/09 -2- ENTRY ________________________________ DANIEL R. BORCHERT Deputy Clerk

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