DELCOL v. DEPARTMENT OF REHABILITATION CORRECTION, 2005-04861 (7-7-2009)


2009-Ohio-3710

Todd Delcol, Plaintiff, v. Department of Rehabilitation and Correction, Defendant.

No. 2005-04861.Court of Claims of Ohio.
Filed July 7, 2009.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Judge Joseph T. Clark, Magistrate Steven A. Larson.

JUDGMENT ENTRY
JOSEPH T. CLARK, Judge.

{¶ 1} On May 15, 2009, the magistrate issued a decision recommending judgment in favor of defendant. The magistrate also recommended that the court issue a determination that Kandy Sollars and Jondrea Parrish are entitled to civil immunity pursuant to R.C. 9.86 and 2743.02(F) and that the courts of common pleas do not have jurisdiction over any civil actions that may be filed against Kandy Sollars and Jondrea Parrish based upon the allegations in this case.

{¶ 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} Upon review of the record and the magistrate’s decision, 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 the findings of fact and conclusions of law

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contained therein. Judgment is rendered in favor of defendant. In addition, the court determines that Kandy Sollars and Jondrea Parrish are entitled to civil immunity pursuant to R.C. 9.86 and 2743.02(F) and that the courts of common pleas do not have jurisdiction over any civil actions that may be filed against them based upon the allegations in this case. 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

Magistrate Steven A. Larson

Todd Delcol, #455-945 P.O. Box 740 London, Ohio 43140

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