Salerno v. Unknown

Annotate this Case

Download PDF

[Cite as Salerno v. Unknown, 2006-Ohio-7216.] IN THE COURT OF CLAIMS OF OHIO D.M. SALERNO : Plaintiff : v. : CASE NO. 2006-02307-AD UNKNOWN : ENTRY OF DISMISSAL Defendant : : : : : : : : : : : : : : : : : : {¶ 1} On March 7, 2006, plaintiff filed a complaint against Jwin Electronics Corp. the complaint. Plaintiff submitted the filing fee with On March 8, 2006, the court issued an entry dismissing Jwin Electronics Corp. as defendant, since pursuant to R.C. 2743.02(E), only state agencies and instrumentalities can be defendants in original actions in the Court of Claims. Plaintiff was ordered to file an amended complaint naming a state entity as defendant on or before April 7, 2006, or face dismissal of his case. {¶ 2} On March 20, 2006, plaintiff submitted a letter requesting his case be dismissed since the party he wished to sue was not a state agency or instrumentality. He also requested the return of his filing fee. {¶ 3} Upon considered a review, motion the for court finds voluntary plaintiff s dismissal and letter is is GRANTED. Plaintiff s case is DISMISSED without prejudice. Plaintiff s request for return of the filing fee is DENIED. Plaintiff s filing fee may only be returned when plaintiff s case against Case No. 2006-02307-AD -2- ENTRY defendant is successfully concluded in plaintiff s favor. Bailey v. Ohio Department (1990), 62 Ohio Misc. 2d 19. court. of Rehabilitation and See Correction Court costs are absorbed by the 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: D.M. Salerno, #412-224 P.O. Box 80033 Toledo, Ohio 43608 DRB/laa 6/29 Filed 7/13/06 Sent to S.C. reporter 3/22/07 Plaintiff, Pro se

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.