Wilhelm v. Ohio Dept. of Natural Resources

2010 Ohio 549

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

RANDY WILHELM

Plaintiff

v.

OHIO DEPARTMENT OF NATURAL RESOURCES

Defendant

Case No. 2006-07902

Judge Joseph T. Clark Magistrate Anderson M. Renick

JUDGMENT ENTRY

{¶ 1} On December 14, 2009, the magistrate issued a decision recommending that plaintiff’s claim of selective enforcement be dismissed, and that judgment be rendered for defendant on plaintiff’s remaining claims.

{¶ 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} 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. Plaintiff’s claim of selective enforcement is DISMISSED, and judgment is rendered in favor of defendant on plaintiff’s remaining claims. 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. 2006-07902 -2- JUDGMENT ENTRY

_____________________________________

JOSEPH T. CLARK Judge

cc:

Daniel R. Forsythe Leonard W. Yelsky Peter E. DeMarco Norman L. Sirak Assistant Attorneys General 75 Public Square 150 East Gay Street, 18th Floor Cleveland, Ohio 44113 Columbus, Ohio 43215-3130

AMR/cmd Filed February 1, 2010 To S.C. reporter February 16, 2010