Bradshaw v. Ohio Dept. of Rehab. & Corr.

2011 Ohio 4841

Opinion

[Cite as Bradshaw v. Ohio Dept. of Rehab. & Corr., 2011-Ohio-4841.]

Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us

GARVIN BRADSHAW Case No. 2008-07888

Plaintiff Judge Joseph T. Clark Magistrate Anderson M. Renick v.

JUDGMENT ENTRY OHIO DEPARTMENT OF REHABILITATION AND CORRECTION

Defendant

{¶1} On May 18, 2011, the magistrate issued a decision recommending judgment for defendant. {¶2} Civ.R. 53(D)(3)(b)(i) states, in part: “A party may file written objections to a magistrate’s decision within fourteen days of the filing of the decision, whether or not the court has adopted the decision during that fourteen-day period as permitted by Civ.R. 53(D)(4)(e)(i).” Plaintiff filed objections on May 25, 2011. Plaintiff, however, did not attach a certificate of service with said objections nor did he separately file proof of service with the court. {¶3} Civ.R. 5 provides in relevant part: {¶4} “(A) Except as otherwise provided in these rules, * * * every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties. * ** {¶5} “* * * {¶6} “(D) * * * Papers filed with the court shall not be considered until proof of service is endorsed thereon or separately filed. The proof of service shall state the date and manner of service and shall be signed in accordance with Civ.R. 11.” Case No. 2008-07888 -2- ENTRY

{¶7} As stated above, plaintiff has not complied with the requirements of Civ.R. 5(D). Therefore, the court will proceed as if no objections have been filed. {¶8} The court determines that there is no error of law or other defect evident on the face of the magistrate’s decision. Therefore, the court adopts the magistrate’s decision and recommendation as its own, including findings of fact and conclusions of law contained therein. Judgment is rendered in favor of defendant. Court costs are assessed against plaintiff. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.

_____________________________________ JOSEPH T. CLARK Judge

cc:

Jennifer A. Adair Garvin Bradshaw, #467-001 Assistant Attorney General Southern Ohio Correctional Facility 150 East Gay Street, 18th Floor P.O. Box 45699 Columbus, Ohio 43215-3130 Lucasville, Ohio 45699

LP/dms

Filed July 28, 2011 To S.C. reporter September 22, 2011