2011-Ohio-4841
No. 2008-07888.Court of Claims of Ohio.
Filed July 28, 2011.
JUDGMENT ENTRY
JOSEPH T. CLARK Judge.
{¶ 1} On May 18, 2011, 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).” Plaintiff filed objections on May 25, 2011. Plaintiff, however, did not attach a certificate of service with said objections nor did he separately file proof of service with the court.
{¶ 3} Civ. R. 5 provides in relevant part:
{¶ 4} “(A) Except as otherwise provided in these rules, * * * every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties. * * *
{¶ 5} “* * *
{¶ 6} “(D) * * * Papers filed with the court shall not be considered until proof of service is endorsed thereon or separately filed. The proof of service shall state the date and manner of service and shall be signed in accordance with Civ. R. 11.”
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{¶ 7} As stated above, plaintiff has not complied with the requirements of Civ. R. 5(D). Therefore, the court will proceed as if no objections have been filed.
{¶ 8} 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.
cc:
Jennifer A. Adair Assistant Attorney General 150 East Gay Street, 18th Floor Columbus, Ohio 43215-3130
Garvin Bradshaw, #467-001 Southern Ohio Correctional Facility P.O. Box 45699 Lucasville, Ohio 45699
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