2011-Ohio-5958
No. 2008-09520.Court of Claims of Ohio.
Filed October 21, 2011.
Judge Joseph T. Clark, Magistrate Anderson M. Renick.
JUDGMENT ENTRY
JOSEPH T. CLARK, Judge.
{¶ 1} This case is sua sponte assigned to Judge Joseph T. Clark to conduct all proceedings necessary for decision in this matter.
{¶ 2} On October 21, 2011, the magistrate issued a decision recommending judgment for defendants.
{¶ 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).”
{¶ 4} Civ. R. 53(D)(4)(e)(i) provides: “The court may enter a judgment either during the fourteen days permitted by Civ. R. 53(D)(3)(b)(i) for the filing of objections to a magistrate’s decision or after the fourteen days have expired. If the court enters a judgment during the fourteen days permitted by Civ. R. 53(D)(3)(b)(i) for the filing of objections, the timely filing of objections to the magistrate’s decision shall operate as an automatic stay of execution of the judgment until the court disposes of those objections and vacates, modifies, or adheres to the judgment previously entered.”
{¶ 5} The court determines that there is no error of law or other defect evident on
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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 defendants. 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:
Don A. Little 7960 Clyo Road Clyo Professional Center Dayton, Ohio 45459 Jessica R. Moss 7501 Paragon Road Lower Level Dayton, Ohio 45459
Eric A. Walker Assistant Attorney General 150 East Gay Street, 18th Floor Columbus, Ohio 43215-3130
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