Smith v. Toledo Correctional Inst.

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[Cite as Smith v. Toledo Correctional Inst., 2003-Ohio-5567.] IN THE COURT OF CLAIMS OF OHIO DOUGLAS C. SMITH : Plaintiff : v. : TOLEDO CORRECTIONAL INSTITUTION CASE NO. 2003-07642-AD : ENTRY OF DISMISSAL : Defendant ::::::::::::::::: {ΒΆ1} On July 29, 2003, plaintiff was ordered to either pay the $25 filing fee or to file documentation in support of the previously filed poverty statement. On September 10, 2003, defendant filed a motion to dismiss plaintiff s case or, in the alternative, a motion for extension of time. Plaintiff has failed to comply with the court order. Defendant s motion to dismiss is GRANTED and defendant s motion for extension of time is MOOT. Therefore, plaintiff s action is DISMISSED, without prejudice, pursuant to Civ.R. 41(B)(1). The court shall absorb the costs of this case. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal. ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: Douglas C. Smith, #427-786 2001 East Central Avenue Plaintiff, Pro se Case No. 2003-07642-AD -2- Toledo, Ohio 43608 Toledo Correctional Institution 2001 East Central Avenue Toledo, Ohio 43608 DRB/laa 9/9 Filed 10/2/03 Sent to S.C. reporter 10/21/03 Defendant ENTRY

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