2008-Ohio-2518
No. 2007-05962-AD.Court of Claims of Ohio.
Filed March 11, 2008.
Roger S. Arrone, #498-541.
Stephen A. Young, Staff Counsel Department of Rehabilitation and Correction.
ENTRY OF DISMISSAL
DANIEL R. BORCHERT, Deputy Clerk.
{¶ 1} On June 27, 2007, plaintiff, Roger S. Arrone, filed a complaint against defendant, Lebanon Correctional Institution. Plaintiff was not required to submit the filing fee. On December 27, 2007, defendant filed a motion to dismiss. In support of the motion to dismiss, defendant stated in pertinent part:
{¶ 2} “On June 27, 2007, plaintiff filed a form complaint against this defendant seeking $110.00. In Blank (9) of the form complaint, in which the plaintiff is to name the agents of defendant whose acts or omissions gave rise to defendant’s liability, the plaintiff did not insert any names. In Blank (12) of his complaint he alleges that child support fees and fines were deducted from his inmate account. There is absolutely no allegation of negligence in the complaint of any wrongful act or omission on the part of defendant or defendant’s agents which resulted in injury, damage or loss to plaintiff.
{¶ 3} “Since he has failed to allege any wrongful act on the part of the defendant’s agents that would give rise to any compensable damages, he has failed to state a claim against the state under Chapter 2743 of the Revised Code and his complaint should be dismissed.”
{¶ 4} From review of the plaintiff’s pleadings it is unclear to this court what particular action or actions the defendant took which negligently caused plaintiff’s
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alleged damages. Therefore, defendant’s motion to dismiss is GRANTED since plaintiff has failed to state a cause of action against the defendant. Plaintiff’s case is DISMISSED. The court shall absorb the court costs of this case.
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