2008-Ohio-1619
No. 2007-09011-AD.Court of Claims of Ohio.
January 30, 2008.
ENTRY OF DISMISSAL {¶ 1} On November 26, 2007, plaintiff filed a complaint naming Music By Mail as defendant. On November 27, 2007, this court issued a pre-screening entry dismissing Music By Mail as the defendant and requiring plaintiff to file an amended complaint which names a state department, board, office, commission, agency, institution, or other state instrumentality as defendant.
{¶ 2} On December 10, 2007, plaintiff filed an amended complaint naming Mansfield Correctional Facility and Music By Mail as co-defendants. However, a review of plaintiffs amended complaint reveals his dispute is with Music By Mail and not the Mansfield Correctional Institution.
{¶ 3} On January 7, 2008, plaintiff submitted a letter stating he received a refund from Music By Mail for the defective CD he purchased. Plaintiff contends he should receive money to cover legal fees, postage or processing fees. However, plaintiff has failed to state any cause of action against defendant Mansfield Correctional Institution and Music By Mail is not an appropriate party to sue in the Court of Claims.
{¶ 4} Having considered the plaintiffs pleadings and for the reasons set forth above, plaintiffs case is DISMISSED for failure to state a cause of action against defendant, Mansfield Correctional Institution. The court shall absorb the court costs of this case.
Entry cc:
Gregory Bush, #480-184
P.O. Box 4501
Lima, Ohio 45802
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