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

2010 Ohio 206

Opinion

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

DAVID EASLEY

Plaintiff

v.

OHIO DEPARTMENT OF REHABILITATION AND CORRECTION

Defendant

Case No. 2008-01634

Judge Joseph T. Clark Magistrate Steven A. Larson

JUDGMENT ENTRY

{¶ 1} This case is sua sponte assigned to Judge Joseph T. Clark to conduct all proceedings necessary for decision in this matter.

{¶ 2} On December 10, 2009, the magistrate issued a decision that plaintiff’s constitutional claims be dismissed and that judgment be rendered in favor of defendant on the remaining claims.

{¶ 3} 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).” No objections were filed.

{¶ 4} 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. Plaintiff’s constitutional claims are DISMISSED and judgment is rendered in favor of defendant on the remaining claims. Court costs are assessed

Case No. 2008-01634 -2- JUDGMENT ENTRY

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 David Easley, #306-400 Assistant Attorney General P.O. Box 45699 150 East Gay Street, 18th Floor Lucasville, Ohio 45699 Columbus, Ohio 43215-3130

MR/cmd Filed January 15, 2010 To S.C. reporter January 25, 2010