McElfresh v. Ohio Dept. of Rehab. & Corr., (Ohio 2004)

Ohio Supreme Court

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Summary


Magistrate’s July 22, 2004, recommendation of judgment for defendant adopted.

Summary


Magistrate’s July 22, 2004, recommendation of judgment for defendant adopted.

Text




[Cite as McElfresh v. Ohio Dept. of Rehab. & Corr., 2004-Ohio-649.]

IN THE COURT OF CLAIMS OF OHIO

MARK MCELFRESH :

Plaintiff : CASE NO. 2001-08013 Judge J. Warren Bettis v. : JUDGMENT ENTRY DEPARTMENT OF REHABILITATION :

AND CORRECTION : Defendant

____________________

This case was tried to a magistrate of the court. On July 22, 2002, the magistrate issued a decision recommending judgment for defendant(s).

Civ.R. 53(E)(3)(a) states: "A party may file written objections to a magistrate's decision within fourteen days of the filing of the decision, regardless of whether the court has adopted the decision pursuant to Civ.R. 53(E)(4)(c). ***" Plaintiff timely filed his objections.

Upon review of the record, the magistrate's decision, and the objections, the court finds that the magistrate correctly analyzed the issues and applied the law to the facts. Therefore, the objections are OVERRULED and the court adopts the magistrate's decision and recommendation as its own, including the findings of fact and conclusions of law contained therein. Judgment is rendered in favor of defendant. 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.

____________________

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Case No. 2001-08013

JUDGMENT ENTRY J. WARREN BETTIS Judge Entry cc: Richard F. Swope Attorney for Plaintiff 6504 East Main Street Reynoldsburg, Ohio 43068-2268 Eric A. Walker Attorney for Defendant Assistant Attorney General 150 East Gay Street, 23rd Floor Columbus, Ohio 43215-3130 ML/cmd Filed February 4, 2004 To S.C. reporter February 12,

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