Johnson v. Toledo Correctional Inst.

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[Cite as Johnson v. Toledo Correctional Inst., 2004-Ohio-4836.] IN THE COURT OF CLAIMS OF OHIO TYRONE JOHNSON : Plaintiff : v. : : TOLEDO CORRECTIONAL INSTITUTE Defendant CASE NO. 2004-06798-AD ENTRY OF DISMISSAL : ::::::::::::::::: {¶1} On June 23, 2004, plaintiff filed a complaint against defendant, Toledo Correctional Institution. Plaintiff submitted the filing fee with the complaint. {¶2} On June 30, 2004, plaintiff submitted a letter requesting that his claim be dismissed and his filing fee be returned. {¶3} Plaintiff s letter is considered a motion for voluntary dismissal and is GRANTED. Pursuant to Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19, the filing fee may be reimbursed as compensable judgment is rendered in favor of the plaintiff. damages only if Plaintiff may not be reimbursed his filing fee when he voluntary dismisses his case. Plaintiff s case is DISMISSED without prejudice. absorb the costs of this case. The court shall The clerk shall serve upon all parties notice of this entry of dismissal and its date of entry upon the journal. Case No. 2004-06798-AD -2- ENTRY ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: Tyrone Johnson, #411-766 2001 E. Central Avenue Toledo, Ohio 43608 Plaintiff, Pro se Toledo Correctional Institute 2001 E. Central Avenue Toledo, Ohio 43608 Defendant DRB/laa 8/13 Filed 8/19/04 Sent to S.C. reporter 9/13/04

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