Perotti v. Ohio State Penitentiary, (Ohio 2003)

Summary

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Voluntary dismissal. Entry of dismissal without prejudice.

Summary

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Voluntary dismissal. Entry of dismissal without prejudice.

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[Cite as Perotti v. Ohio State Penitentiary, 2003-Ohio-2165.]

IN THE COURT OF CLAIMS OF OHIO

JOHN W. PEROTTI :

Plaintiff :

v. : CASE NO. 2002AD

OHIO STATE PENITENTIARY : ENTRY OF DISMISSAL

Defendant :

____________________

THE COURT FINDS THAT:

1) On September 19, 2002, plaintiff, John W. Perotti, filed a complaint against defendant, Ohio State Penitentiary. Plaintiff submitted the filing fee with his complaint;

2) On October 21, 2002, plaintiff filed an amended complaint. Plaintiff wishes to amend his complaint to include an additional two causes of action;

3) On October 28, 2003, plaintiff filed a motion for partial summary judgment;

4) On November 12, 2002, plaintiff filed a motion for leave to amend and supplement. Plaintiff is refiling all the allegations contained in the motion to amend his complaint filed October 21, 2002. The only difference between this filing and the previous filing is that he has captioned this filing as a "motion for leave to amend.";

5) On November 26, 2002, defendant filed a motion for extension of time to file the investigation report;

6) On November 26, 2002, defendant filed a motion in opposition to plaintiff's motion for partial summary judgment;

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Case No. 2002AD ENTRY

7) On December 4, 2002, plaintiff filed a motion to stay proceedings. Plaintiff informs the court he has been moved from defendant to Southern Ohio Correctional Facility. He wishes to stay proceedings in this case until February 1, 2003;

8) On December 4, 2002, plaintiff filed a reply to motion in opposition to plaintiff's motion for partial summary judgment;

9) On March 28, 2003, plaintiff filed a voluntary dismissal.

IT IS ORDERED THAT:

1) All motions filed by plaintiff and defendant prior to the filing of the voluntary dismissal by plaintiff are MOOT;

2) Plaintiff's case is DISMISSED without prejudice;

3) Court costs are assessed against plaintiff.

____________________

DANIEL R. BORCHERT Deputy Clerk Order cc: John W. Perotti, #167-712 Plaintiff, Pro se P.O. Box 1436 Youngstown, Ohio 44501 James R. Guy, Staff Counsel For Defendant Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 DRB/laa 4/3 Filed 4/9/03 Sent to S.C. Reporter 4/29/

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