Swiger v. Ohio Dept. of Rehab. & Corr.

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[Cite as Swiger v. Ohio Dept. of Rehab. & Corr., 2004-Ohio-4733.] IN THE COURT OF CLAIMS OF OHIO SHELBY F. SWIGER : Plaintiff : v. : OHIO DEPARTMENT OF : REHABILITATION AND CORRECTIONS : Defendant ::::::::::::::::: ENTRY OF DISMISSAL On May 27, 2004, plaintiff, Shelby F. Swiger, filed a {¶1} complaint CASE NO. 2004-06101-AD against Correction. defendant, Department of Rehabilitation and Plaintiff alleges on May 17, 2004, Darlene S. Krandall and J. Everly engaged in criminal conduct in violation of Revised Code sections 2921.21, compounding a crime; 2921.44, dereliction of duty; and 2921.45, interfering with civil rights. plaintiff asserts defendant, Department of Accordingly, Rehabilitation and Correction pursuant to R.C. 2901.23 and 2901.24, acted as an aiddor & abbetors [sic] in violation of Revised Code Sections 2923.01, conspiracy; 2923.02, attempt; 2923.03, complicity; and 2923.31, a pattern of corrupt activity. All actions plaintiff alleges that were committed against him were criminal in nature. Plaintiff seeks damages in the amount of $1,827.87, which represents $125.65 for compensatory damages, $126.55 for nominal damages, and $1,575.67 for exemplary damages for the wantoness infliction of mental anguish, emotional stress and to further prevent other persons from doing the same in the future to claimant Case No. 2004-06101-AD -2- ENTRY and others similarly situated. {¶2} On May 28, 2004, this court issued a notice requiring plaintiff to submit the filing fee or a poverty statement with supporting documentation. {¶3} On June 10, 2004, plaintiff filed a motion to waive costs and fees due to indigency status. On June 21, 2004, defendant filed a motion to order plaintiff to pay the filing fee and a motion for extension of time to file the investigation report. On June 25, 2004, plaintiff filed a second motion to waive costs and fees due to his indigency status. On June 28, 2004, plaintiff filed a motion to dismiss and squash & strike under Civ.R. 12(F). {¶4} R.C. 2743.02(E) in pertinent part states: {¶5} The only defendant in original actions in the court of claims is the state. {¶6} Accordingly, this court will not consider any cause of action against Darlene S. Krandall and J. Everly for any activities allegedly taken outside the scope of their employment. With respect to the criminal charges leveled against defendant, this court has no R.C. 2743.10. civil rights jurisdiction concerning criminal matters. See In the alternative, if plaintiff is alleging his were violated by defendant, jurisdiction over those matters either. this court has no Conley v. Shearer (1992), 64 Ohio St. 3d 284; Bleicher v. University of Cincinnati College of Medicine (1992), 78 Ohio App. 3d 302. {¶7} Civ.R. 12(H)(3) states: {¶8} Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action. Case No. 2004-06101-AD {¶9} -3- ENTRY Having considered all the evidence in the claim file, and for the reasons set forth above, plaintiff s and defendant s motions are MOOT. Plaintiff s case is DISMISSED for lack of subject matter jurisdiction pursuant to Civ.R. 12(H)(3). shall absorb the court costs of this case. The court The clerk shall serve upon all parties notice of this entry of dismissal and its date of entry upon the journal. ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: Shelby F. Swiger, #A215-336 2500 S. Avon-Belden Road Grafton, Ohio 44044-9802 Plaintiff, Pro se Stephen A. Young Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 For Defendant DRB/laa 7/28 Filed 8/12/04 Sent to S.C. reporter 9/8/04

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