Toney v. Dept. of Rehab. & Corr.

2010 Ohio 6613

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

GERALD TONEY

Plaintiff

v.

DEPARTMENT OF REHABILITATION AND CORRECTION

Defendant

Case No. 2009-01646

Judge Joseph T. Clark Magistrate Robert Van Schoyck

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 November 29, 2010, 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).” 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. 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.

Case No. 2009-01646 -2- JUDGMENT ENTRY

_____________________________________

JOSEPH T. CLARK Judge

cc:

Amy S. Brown Gerald Toney Emily M. Simmons 1711 Avalon Road Assistant Attorneys General Cleveland, Ohio 44112 150 East Gay Street, 18th Floor Columbus, Ohio 43215-3130

RCV/cmd Filed December 27, 2010 To S.C. reporter January 4, 2011