Melton v. Dept. of Rehab. & Corr.

2011 Ohio 6839

Opinion

[Cite as Melton v. Dept. of Rehab. & Corr., 2011-Ohio-6839.]

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

MELTON, Case No. 2010-12206

Plaintiff, Judge Alan C. Travis Magistrate Matthew C. Rambo

v.

DEPT. OF REHAB. & CORR.,

Defendant. JUDGMENT ENTRY

{¶1} This case is sua sponte assigned to Judge Alan C. Travis to conduct all proceedings necessary for decision in this matter. {¶2} On November 2, 2011, the magistrate issued a decision recommending judgment for defendant. {¶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).” {¶4} 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 automatic stay of execution of the judgment until the court disposes of those objections and vacates, modifies, or adheres to the judgment previously entered.” Case No. 2010-12206 -2- JUDGMENT ENTRY

{¶5} 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.

_____________________________________ ALAN C. TRAVIS Judge

cc:

Emily M. Simmons Gregory Melton, #570-333 Assistant Attorney General P.O. Box 788 150 East Gay Street, 18th Floor Mansfield, Ohio 44901 Columbus, Ohio 43215-3130

Filed November 2, 2011 To S.C. reporter December 30, 2011