Hixson v. Ohio State Univ.

[Cite as Hixson v. Ohio State Univ., 2012-Ohio-6314.]
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
JAMES B. HIXSON
Plaintiff
v.
THE OHIO STATE UNIVERSITY
Defendant
Case No. 2010-07334
Judge Joseph T. Clark
Magistrate Lewis F. Pettigrew
JUDGMENT ENTRY
{¶ 1} On July 2, 2012, 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).”
{¶ 3} 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
Case No. 2010-07334 -2- ENTRY
automatic stay of execution of the judgment until the court disposes of those objections
and vacates, modifies, or adheres to the judgment previously entered.”
{¶ 4} 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.
_____________________________________
JOSEPH T. CLARK
Judge
cc:
Robert D. Noble Velda K. Hofacker
261 South Front Street Assistant Attorney General
Columbus, Ohio 43215 150 East Gay Street, 18th Floor
Columbus, Ohio 43215-3130
007
Filed July 2, 2012
To S.C. Reporter January 16, 2013