EARLEY v. UNKNOWN, 2009-09779-AD (1-20-2010)

2010-Ohio-2038

Marc Anthony Earley, Plaintiff, v. Unknown, Defendant.

No. 2009-09779-AD.Court of Claims of Ohio.
Filed January 20, 2010.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

ENTRY OF DISMISSAL {¶ 1} On December 30, 2009, plaintiff Marc Earley, filed a complaint against defendant, Montgomery County Jail. On January 4, 2010, this court issued a pre-screening entry dismissing Montgomery County Jail as defendant and requiring plaintiff to name a state department, board, office, commission, agency, institution, or other state instrumentality as defendant or face dismissal of his case. On January 12, 2010, plaintiff filed an amended complaint naming Montgomery County Sheriff’s Department and Dayton Police Department as defendants. Neither police agency is a state entity. Therefore, plaintiff’s case is DISMISSED without prejudice. Court costs shall be absorbed by the court.

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