Claren v. Mansfield Corr. Inst.

[Cite as Claren v. Mansfield Corr. Inst., 2011-Ohio-5962.]
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
PAUL CLAREN, Case No. 2008-08744
Plaintiff, Plaintiff, Judge Joseph T. Clark
Magistrate Anderson M. Renick
v.
MANSFIELD CORRECTIONAL
INSTITUTION, JUDGMENT ENTRY
Defendant.
{¶1} On August 19, 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 timely filed his objections.
{¶3} Civ.R. 53(D)(3)(b) further provides, in part:
{¶4} “(ii) Specificity of objection. An objection to a magistrate’s decision shall be
specific and state with particularity all grounds for objection.
{¶5} “(iii) Objection to magistrate’s factual finding; transcript or affidavit. An
objection to a factual finding * * * shall be supported by a transcript of all the evidence
submitted to the magistrate relevant to that finding or an affidavit of that evidence if a
transcript is not available.”
{¶6} Plaintiff’s objections are not specific and, to the extent that he objects to the
magistrate’s factual findings, he did not file a transcript of the evidence relevant to his
objections.
{¶7} Furthermore, upon review of the record, the magistrate’s decision and the
objections, the court finds that the magistrate has properly determined the factual issues
Case No. 2008-08744 -2- JUDGMENT ENTRY
and appropriately applied the law. Therefore, the objections are OVERRULED and 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:
Christopher P. Conomy Paul Claren
Assistant Attorney General 930 North Ella Street, Apt. 15
150 East Gay Street, 18th Floor Orrville, Ohio 44667-1145
Columbus, Ohio 43215-3130
Filed September 30, 2011
To S.C. reporter November 18, 2011