Toney v. Dept. of Rehab. & Corr., (Ohio 2010)

Summary

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Judgment entry. Magistrate’s April 16, 2010 recommendation adopted. Judgment rendered in favor of defendant.

Summary

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Judgment entry. Magistrate’s April 16, 2010 recommendation adopted. Judgment rendered in favor of defendant.

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[Cite as Toney v. Dept. of Rehab. & Corr., 2010-Ohio-2652.]

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

GERALD TONEY

Plaintiff v.

DEPARTMENT OF REHABILITATION AND CORRECTION

Defendant

Case No. 2008-11281

Judge Clark B. Weaver Sr.

Magistrate Matthew C. Rambo JUDGMENT ENTRY

On April 16, 2010, the magistrate issued a decision recommending judgment for defendant.

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)." No objections were filed.

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.

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Case No. 2008-

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____________________

CLARK B.

WEAVER SR.

Judge

cc:

Stephanie D. Pestello-Sharf Gerald Toney, #571-982 Assistant Attorney General Belmont Correctional Institution 150 East Gay Street, 18th Floor P.O. Box 540 Columbus, Ohio 43215-3130 St. Clairsville, Ohio 43950

MR/cmd Filed May 18, 2010 To S.C. reporter June 9,

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