Dixon v. Lorain Correctional Inst., (Ohio 2003)

Ohio Supreme Court

Status: 2003-Ohio-6426

Docket Number: 2003-06549-AD

Parts: Borchert

Linked as:

Summary

Failure to submit filing fee. Case dismissed without prejudice.

Summary

Failure to submit filing fee. Case dismissed without prejudice.

Text

[Cite as Dixon v. Lorain Correctional Inst., 2003-Ohio-6426.]

IN THE COURT OF CLAIMS OF OHIO RAFEL B. DIXON :

Plaintiff :

v. : CASE NO. 2003AD

LORAIN CORRECTIONAL : ENTRY OF DISMISSAL INSTITUTION : Defendant

____________________

On June 24, 2003, this court issued an entry requiring plaintiff to submit either the $25 filing fee or a completed cashier's statement within 30 days of the date of the entry or face dismissal of his case.

On August 15, 2003, this court issued an entry granting plaintiff an additional 30 day extension to comply with the court's entry of June 24, 2003. On September 19, 2003, plaintiff filed a request for a status report. Plaintiff indicates he is ready to proceed with his case since criminal matters have been resolved. However, plaintiff has failed to submit the $25 filing fee or a cashier's statement.

On October 6, 2003, defendant filed a motion to dismiss and in the alternative a motion to extend time. Defendant asserts plaintiff's case should be dismissed based on plaintiff's failure to comply with this court's entry. Plaintiff has not complied with the court's entry of June 24, 2003.

Upon review, defendant's motion to extend is MOOT and defendant's motion to dismiss is GRANTED. Plaintiff's motion is DENIED. Plaintiff's case is DISMISSED without prejudice. The court shall absorb the costs of this case. The clerk shal serve upon all parties notice of this dismissal and its date of entry upon the journal.

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Case No. 2003AD ENTRY

____________________

DANIEL R. BORCHERT Deputy Clerk Entry cc: Rafel B. Dixon, 0869 Plaintiff, Pro se Akron Summit County Jail 205 E. Crosier Street Akron, Ohio 44311 Vincent E. Lagana, Staff Counsel For Defendant Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 DRB/laa 10/17 Filed 10/30/03 Sent to S.C. reporter 12/2/

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