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

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[Cite as Swiger v. Ohio Dept. of Rehab. & Corr., 2004-Ohio-4832.] IN THE COURT OF CLAIMS OF OHIO SHELBY F. SWIGER : Plaintiff : v. : CASE NO. 2004-06399-AD OHIO DEPARTMENT OF : REHABILITATION AND CORRECTIONS : Defendant ::::::::::::::::: {¶1} ENTRY OF DISMISSAL On June 8, 2004, plaintiff filed a complaint against defendant, Department of Rehabilitation and Correction. Plaintiff did not submit a poverty statement or the filing fee with the complaint. {¶2} On June 9, 2004, this court issued a notice requiring plaintiff to submit the filing fee or the poverty statement on or before July 7, 2004, or face dismissal of his case. A check of the docket reveals plaintiff has failed to comply with this court s notice. {¶3} On June 28, 2004, plaintiff filed extension of time to file an amended complaint. a motion for On July 15, 2004, defendant filed a motion to order plaintiff to submit the filing fee and a motion for extension of time to submit the investigation report. On August 3, 2004, plaintiff filed a motion in opposition to defendant s motions of July 15, 2004. {¶4} Upon review, plaintiff s case is DISMISSED, without prejudice, pursuant to Civ. R. 41. motions are MOOT. Plaintiff s and defendant s The court shall absorb the court costs of this Case No. 2004-06399-AD case. -2- ENTRY 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 South 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 7/22 Filed 8/19/04 Sent to S.C. reporter 9/13/04

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