Byrd v. Ohio Dept. of Job & Family Serv., (Ohio 2003)
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Summary
Magistrate’s 6-26-03, recommendation of dismissal of plaintiff’s case pursuant to Civ.R. 41(B)(1) for failure to prosecute is adopted. Case dismissed with prejudice.
Summary
Magistrate’s 6-26-03, recommendation of dismissal of plaintiff’s case pursuant to Civ.R. 41(B)(1) for failure to prosecute is adopted. Case dismissed with prejudice.
Text
[Cite as Byrd v. Ohio Dept. of Job & Family Serv., 2003-Ohio-4016.]
IN THE COURT OF CLAIMS OF OHIO
HOUSTON BYRD, JR. :
Plaintiff : CASE NO. 2001-12037
v. : JUDGMENT ENTRY
OHIO DEPARTMENT OF JOB AND : Judge Fred J. Shoemaker
FAMILY SERVICES : Defendant
____________________
This case was scheduled to be tried to a magistrate of the court on May 19, 2003. Plaintiff failed to appear at the trial and subsequently failed to appear at a June 11, 2003, hearing to show cause why he did not appear for trial. On June 16, 2003, the magistrate issued a decision recommending dismissal of plaintiff's case pursuant to Civ.R. 41(B)(1) for failure to prosecute.
Civ.R. 53 states: "Within 14 days of the filing of a magistrate's decision, a party may file written objections to the magistrate's decision." Plaintiff timely filed his objections.
In plaintiff's objections, plaintiff criticizes several rulings of the court regarding his untimely filed motion for summary judgment. Plaintiff does not address his failure to appear at trial or at the show cause hearing. Accordingly, plaintiff's objections are OVERRULED. In accordance with the recommendation of the magistrate, plaintiff's case is hereby DISMISSED with prejudice pursuant to Civ.R. 41(B)(1) for failure to prosecute. Court costs are assessed against plaintiff. The clerk shall serve upon all
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Case No. 2001-12037
JUDGMENT ENTRY parties notice of this judgment and its date of entry upon the journal.
____________________
FRED J. SHOEMAKER Judge Entry cc: Houston Byrd, Jr. Plaintiff, Pro se 241 N. 10th Street Newark, Ohio 43055 Anne Berry Strait Attorney for Defendant Assistant Attorney General 65 East State St., 16th Fl. Columbus, Ohio 43215 LP/cmd Filed 72003 To S.C. reporter
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