[Cite as Mcleod v. Ohio Dept. of Rehab. & Corr., 2011-Ohio-7042.]
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
ALBERT MCLEOD, III
Plaintiff
v.
OHIO DEPARTMENT OF REHABILITATION AND CORRECTION
Defendant
Case No. 2009-04220
Judge Alan C. Travis
Magistrate Matthew C. Rambo
JUDGMENT ENTRY
{¶1} This case is sua sponte assigned to Judge Alan C. Travis to conduct all
proceedings necessary for decision in this matter.
{¶2} On December 30, 2011, the magistrate issued a decision recommending
judgment for plaintiff.
{¶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
Case No. 2009-04220 -2- ENTRY
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 decision and recommendation as its own, including findings of fact
and conclusions of law contained therein. Judgment is rendered in favor of
plaintiff in the amount of $10,000. Court costs are assessed against defendant.
The clerk shall serve upon all parties notice of this judgment and its date of entry
upon the journal.
_____________________________________
ALAN C. TRAVIS
Judge
cc:
Christopher P. Conomy Richard F. Swope
Assistant Attorney General 6480 East Main Street, Suite 102
150 East Gay Street, 18th Floor Reynoldsburg, Ohio 43068
Columbus, Ohio 43215-3130
MCR/dms
Filed December 30, 2011
To S.C. reporter March 20, 2012