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Gordon v. Ohio Department of Rehabilitation and Correction

Court of Appeals of Ohio, Tenth District

June 12, 2018

Dante' D. Gordon, Plaintiff-Appellant,
v.
Ohio Department of Rehabilitation and Correction, Defendant-Appellee.

          APPEAL from the Court of Claims of Ohio No. 2017-00369

          On brief: Dante' D. Gordon, pro se.

          On brief: Michael DeWine, Attorney General, and Stacy Hannan, for appellee.

          DECISION

          TYACK, J.

         {¶ 1} Plaintiff-appellant, Dante' D. Gordon, appeals the decision of the Court of Claims of Ohio to dismiss his complaint pursuant to Civ.R. 12(B)(1) and 12(B)(6). For the following reasons, we affirm the decision of the trial court.

         {¶ 2} Gordon is an inmate in the custody and control of the Ohio Department of Rehabilitation and Correction ("ODRC"). Gordon alleges claims of inappropriate supervision in violation of the Ohio Administrative Code, discrimination, racial issues, harassment, and intentional infliction of emotional distress.

         {¶ 3} Gordon filed his original complaint on April 21, 2017. On May 19, 2017, ODRC filed a motion to dismiss the complaint pursuant Civ.R. 12(B)(1) for lack of subject- matter jurisdiction and Civ.R. 12(B)(6) for failure to state a claim upon which relief can be granted. On June 12, 2017, Gordon filed a first amended complaint without leave of the court. ODRC filed a motion to dismiss the first amended complaint on June 21, 2017.

         {¶ 4} After an extension was granted to Gordon to file a response to ODRC's second motion to dismiss, Gordon filed a second amended complaint on July 20, 2017. On August 3, 2017, ODRC filed a motion to strike Gordon's second amended complaint.

         {¶ 5} The Court of Claims in its October 12, 2017 decision denied ODRC's May 19, 2017 motion as moot, granted ODRC's motion to strike Gordon's July 20, 2017 second amended complaint for failure to comply with Civ.R. 15(A), and the first amended complaint was dismissed pursuant to Civ.R. 12(B)(1) and 12(B)(6).

         {¶ 6} On November 8, 2017, Gordon's notice of appeal was timely filed.

         {¶ 7} Gordon lists two assignments of error:

[I.] The Trial court abused its discretion when it refused to allow the Appellant to amend his complaint pursuant to Civil Rule 15(A), Civil Rule (1) and without a material showing to support the corut's decision. Thus violating the Appellant's rights under O.Const.1 Sec.2 Equal protection & Benefit, O.Const.1 Sec. 16 Redress for injury; due process and the 14thamendment to the U.S. Const. to due process & equal protection of the laws.
[II.] JUDGE Mcgrath errored in abusing his discretion by dismissing Appellant's complaint pursuant to Civ.R.12(B)(1) & Civ.R.12(B)(6) where prison officials admitted to violations of law & where the Appellant not only provided a set of facts, but evidence to which the appellant could recover. Thus violating the Appellant's rights under O.Const. 1 Sec. 2 equal protection & benefit, O.Cont.1 Sec.16 redress for injury, due ...

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