Shepherd v. Ohio Dept. of Rehab. & Corr. , 2011 Ohio 5964 ( 2011 )

[Cite as Shepherd v. Ohio Dept. of Rehab. & Corr., 2011-Ohio-5964.]
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
DON N. SHEPHERD, et al.,
Plaintiffs, Case No. 2010-06125
v. Judge Joseph T. Clark
Magistrate Anderson M. Renick
OHIO DEPARTMENT OF
REHABILITATION AND CORRECTION, et al.,
Defendants 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 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
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
Case No. 2010-06125 -2- ENTRY
law contained therein. Judgment is rendered in favor of defendants. Court costs are
assessed against plaintiffs. The clerk shall serve upon all parties notice of this
judgment and its date of entry upon the journal.
_____________________________________
JOSEPH T. CLARK
Judge
cc:
Beth A. Owens Daniel R. Forsythe
John W. Allen Velda K. Hofacker
Marc V. Hedrick Assistant Attorneys General
24 West Third Street, Suite 200 150 East Gay Street, 18th Floor
Mansfield, Ohio 44902 Columbus, Ohio 43215-3130
Filed October 21, 2011
To S.C. reporter November 18, 2011