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

2010 Ohio 1769

Opinion

[Cite as Garrett v. Ohio Dept. of Rehab. & Corr., 2010-Ohio-1769.]

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

RODERICK GARRETT

Plaintiff

v.

OHIO DEPARTMENT OF REHABILITATION AND CORRECTION

Defendant

Case No. 2009-04858

Judge Joseph T. Clark Magistrate Matthew C. Rambo

JUDGMENT ENTRY

{¶ 1} On February 3, 2010, the magistrate issued a decision recommending that the court issue a determination that Henry Berlin is not entitled to civil immunity pursuant to R.C. 9.86 and 2743.02(F) and that the courts of common pleas have jurisdiction over any civil actions that may be filed against him based upon the allegations in this case. {¶ 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).” No objections were filed. {¶ 3} Upon review of the record and the magistrate’s decision, 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 the findings of fact and conclusions of law contained therein. The court determines that Henry Berlin is not entitled to civil Case No. 2009-04858 -2- JUDGMENT ENTRY

immunity pursuant to R.C. 9.86 and 2743.02(F) and that the courts of common pleas have jurisdiction over any civil actions that may be filed against him based upon the allegations in this case.

_____________________________________ JOSEPH T. CLARK Judge cc:

Eric A. Walker Richard F. Swope Assistant Attorney General 6480 East Main Street, Suite 102 150 East Gay Street, 18th Floor Reynoldsburg, Ohio 43068 Columbus, Ohio 43215-3130

MR/cmd Filed April 5, 2010 To S.C. reporter April 21, 2010