Byrd v. Ohio Dept. of Job & Family Serv.
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[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 : Judge Fred J. Shoemaker OHIO DEPARTMENT OF JOB AND FAMILY SERVICES : Defendant : : : : : : : : : : : : : : : : : {¶1} 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. {¶2} 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. {¶3} 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. objections are OVERRULED. Accordingly, plaintiff s 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. are assessed against plaintiff. Court costs The clerk shall serve upon all Case No. 2001-12037 -2- JUDGMENT ENTRY parties notice of this judgment and its date of entry upon the journal. ________________________________ FRED J. SHOEMAKER Judge Entry cc: Houston Byrd, Jr. 241 N. 10th Street Newark, Ohio 43055 Plaintiff, Pro se Anne Berry Strait Assistant Attorney General 65 East State St., 16th Fl. Columbus, Ohio 43215 Attorney for Defendant LP/cmd Filed 7-18-2003 To S.C. reporter 7-28-2003
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