2011-Ohio-2739
No. 2010-10556-AD.Court of Claims of Ohio.
Filed March 10, 2011.
ENTRY OF DISMISSAL {¶ 1} On September 15, 2010, plaintiff filed this action against defendant, Department of Rehabilitation and Correction (DRC), alleging his personal property was lost or stolen as a result of negligence on the part of DRC staff. On November 17, 2010, defendant filed an investigation report, stating on October 28, 2010, plaintiff signed a full and final release of the claim against defendant in consideration for $ 60.00. Thus defendant requests that the court dismiss plaintiff’s claim in its entirety. Plaintiff did not respond to defendant’s investigation report.
{¶ 2} The release in pertinent part states:
{¶ 3} “The undersigned inmate does hereby release, hold harmless from any liability and forever discharge the State of Ohio and the Department of Rehabilitation and Correction, their offices, employees, and agents, personally or in any capacity, from any and all claims, actions, causes of action, demands, costs, expenses, and any and all other damages, which the undersigned inmate ever had, now has, or in the future may have, or claim to have, against the State of Ohio or the Department of Rehabilitation and Correction, their officers, employees, and agents for loss of or
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damage to property arising out of the following incident: Art Supplies-Reference Case NO. 2010-10556 AD.”
{¶ 4} Upon review, the signing of the release by plaintiff constitutes the voluntary dismissal of his case against defendant. Accordingly, plaintiff’s case is DISMISSED. The court shall absorb the court costs for this claim. The clerk shall serve upon all parties notice of the entry of dismissal and its date of entry upon the journal. Entry cc:
Ronnie Goad, #579-459
5900 B.I.S. Road Lancaster, Ohio 43130
Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction
770 West Broad Street Columbus, Ohio 43222
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