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

2010 Ohio 205

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

BENNIE WASHINGTON

Plaintiff

v.

OHIO DEPARTMENT OF REHABILITATION AND CORRECTION

Defendant

Case No. 2007-06471

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 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).” Plaintiff timely filed his objection.

{¶ 4} Upon review of the record, the magistrate’s decision and the objection, the court finds that the magistrate has properly determined the factual issues and appropriately applied the law. Therefore, the objection is OVERRULED and 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

Case No. 2007-06471 -2- JUDGMENT ENTRY

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:

Douglas R. Folkert Bennie Washington, #500-025 Assistant Attorney General Marion Correctional Institution 150 East Gay Street, 18th Floor P.O. Box 57 Columbus, Ohio 43215-3130 Marion, Ohio 43301

MR/cmd Filed January 13, 2010 To S.C. reporter January 25, 2010