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SMITH v. GANSHEIMER

No. 2008-A-0073.

2008 Ohio 6987

Darnell Smith, Plaintiff-Petitioner-Appellant, v. State of Ohio, Warden of Lake Erie Correctional Institution, Richard Gansheimer, Defendant-Respondent-Appellee.

Court of Appeals of Ohio, Eleventh District, Ashtabula County.

December 31, 2008.

Attorney(s) appearing for the Case

Darnell Smith, pro se, PID: 463-783, Lake Erie Correctional Institution, P.O. Box 8000, Conneaut, OH 44030-8000 (Plaintiff-Petitioner-Appellant).

Nancy Hardin Rogers, Attorney General, State Office Tower, 17th Floor, 30 East Broad Street, Columbus, OH 43215-3428 (Defendant-Respondent-Appellee).

MEMORANDUM OPINION

CYNTHIA WESTCOTT RICE, J.

{¶1} On November 20, 2008, plaintiff-petitioner-appellant, Darnell Smith, filed a notice of appeal from an October 20, 2008 judgment entry of the Ashtabula County Court of Common Pleas. Thus, Darnell's notice of appeal was filed thirty-one days after the judgment had been issued by the trial court. Darnell's notice of appeal was due on Wednesday, November 19, 2008, which was not a holiday or...

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