Case No. 2002-10038-AD.Court of Claims of Ohio.
March 19, 2003.
ORDER DISMISSING PLAINTIFF’S CASE {¶ 1} THE COURT FINDS THAT:
{¶ 2} 1) On November 18, 2002, plaintiffs Thomas Gray and Hope Ann Gray, filed a complaint but failed to name a proper defendant. Plaintiffs also failed to submit the filing fee or an affidavit of indigency with the complaint;
{¶ 3} 2) On November 18, 2002, this court issued a notice that filing fee was not paid. The notice stated in pertinent part: “Your case may be dismissed unless you pay the required filing fee or file an affidavit of indigency prior to December 9, 2002.”;
{¶ 4} 3) On November 20, 2002, this court issued a pre-screening entry (Jr. Vol. 725, Pg. 201). The entry required plaintiffs to file a complaint form naming a state entity as defendant. The entry, in pertinent part, stated: “This case will be dismissed unless an amended complaint is filed on or before December 20, 2002, which pursuant to R.C. 2743.13(A) and L.C.C.R. (4), names a state department, board, office, commission, agency, institution, or other state instrumentality as defendant.”;
{¶ 5} 4) A check of the docket reveals plaintiffs have neither submitted the filing fee or an affidavit of indigency nor submitted an amended form complaint.
{¶ 6} IT IS ORDERED THAT:
{¶ 7} 1) Plaintiffs’ case is DISMISSED without prejudice;
{¶ 8} 2) The court shall absorb the court costs of this case.
DANIEL R. BORCHERT
Deputy Clerk