Koller v. Ohio Dept. of Rehab. & Corr., (Ohio 2011)
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Summary
Magistrate's November 18, 2011 recommendation adopted. Judgment rendered in favor of defendant.
Summary
Magistrate's November 18, 2011 recommendation adopted. Judgment rendered in favor of defendant.
Text
[Cite as Koller v. Ohio Dept. of Rehab. & Corr., 2011-Ohio-6866.]
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 KEVIN KOLLER, Case No. 2010-08110 Plaintiff, Judge Joseph T. Clark Magistrate Matthew C. Rambo v. OHIO DEPARTMENT OF REHABILITATION AND CORRECTION, Defendant. 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 November 18, 2011, the magistrate issued a decision recommending judgment for defendant. {¶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
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Case No. 2010-08110 - 2 - ENTRY 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.
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JOSEPH T. CLARK Judge cc: James P. Dinsmore Kevin Koller, #522-019 Assistant Attorney General Mansfield Correctional Institution 150 East Gay Street, 18th Floor P.O. Box 788 Columbus, Ohio 43215-3130 Mansfield, Ohio 44901-0788 Filed November 18, 2011 To S.C. reporter December 30, 2011
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