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

2012 Ohio 1251

• Court: Ohio Court of Claims
• Decided: January 13, 2012
• Docket: 2010-11501
• Status: Published

Opinion

[Cite as George v. Ohio Dept. of Rehab. & Corr., 2012-Ohio-1251.]

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

WILLIAM GEORGE

Plaintiff

v.

DEPARTMENT OF REHABILITATION AND CORRECTION

Defendant

Case No. 2010-11501

Judge Joseph T. Clark Magistrate Matthew C. Rambo

JUDGMENT ENTRY

{¶1} On January 13, 2012, 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).” {¶3} Civ.R. 53(D)(4)(e)(i) provides: “The court may enter a judgment either during the fourteen days permitted by Civ.R. 53(D)(3)(b)(i) for the filing of objections to a magistrate’s decision or after the fourteen days have expired. If the court enters a judgment during the fourteen days permitted by Civ.R. 53(D)(3)(b)(i) for the filing of objections, the timely filing of objections to the magistrate’s decision shall operate as an Case No. 2010-11501 -2- ENTRY

automatic stay of execution of the judgment until the court disposes of those objections and vacates, modifies, or adheres to the judgment previously entered.” {¶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. 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:

Kristin S. Boggs William George, #530-147 Assistant Attorney General Mansfield Correctional Institution 150 East Gay Street, 18th Floor 1150 North Main Street Columbus, Ohio 43215-3130 Mansfield, Ohio 44901

MCR/dms Filed January 13, 2012 To S.C. reporter March 23, 2012