AUSBROOKS v. OH DOT., Unpublished Decision (2-11-2005)


2005-Ohio-1072

Kyle D. Ausbrooks, Plaintiff, v. Ohio Dept. of Transportation, Defendant.

No. 2004-09916-AD.Court of Claims of Ohio.
February 11, 2005.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Kyle D. Ausbrooks, 13040 Duncan Plains Road, Johnstown, Ohio 43031, Plaintiff, Pro se.

Gordon Proctor, Director, Department of Transportation, 1980 West Broad Street, for Defendant.

ENTRY OF DISMISSAL {¶ 1} On November 30, 2004, the court sent plaintiff a letter notifying him his check #122 in the amount of $25 submitted as payment for the filing fee was returned to the court unpaid due to insufficient funds on November 18, 2004. Plaintiff was given an additional 30 days to resubmit the filing fee or face dismissal of his case. Plaintiff has failed to resubmit the filing fee. Therefore, plaintiff’s action is DISMISSED, without prejudice, pursuant to Civ.R. 41(B)(1). The court shall absorb the costs of this case. The clerk shall serve upon all parties notice of this entry of dismissal and its date of entry upon the journal.