BIRDSELL v. TOLEDO CORRECTIONAL INST., Unpublished Decision (12-9-2003)

2003-Ohio-6594

Anthony K. Birdsell, Plaintiff v. Toledo Correctional Inst., Defendant.

No. 2003-06883-AD.Court of Claims of Ohio.
December 9, 2003.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Anthony K. Birdsell, plaintiff, Pro se.

Vincent E. Lagana, Staff Counsel, Department of Rehabilitation and Correction, defendant.

ENTRY OF DISMISSAL
DANIEL R. BORCHERT, Deputy Clerk.

{¶ 1} On September 10, 2003, plaintiff was ordered to pay the $25 filing fee. Plaintiff has failed to comply with the court order. On October 20, 2003, defendant filed a motion to dismiss due to plaintiff’s failure to pay the filing fee and a motion to extend time. Upon review, defendant’s motion to dismiss is GRANTED and motion for extension of time is MOOT. 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 judgment and its date of entry upon the journal.