Smith v. Trumbull Correctional Inst.
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[Cite as Smith v. Trumbull Correctional Inst., 2005-Ohio-5065.] IN THE COURT OF CLAIMS OF OHIO www.cco.state.oh.us PAUL SMITH : Plaintiff : v. : CASE NO. 2004-06020 Judge J. Craig Wright Magistrate Steven A. Larson : JUDGMENT ENTRY TRUMBULL CORRECTIONAL INSTITUTION : Defendant : : : : : : : : : : : : : : : : : {¶ 1} This case was tried to a magistrate of the court. On July 18, 2005, the magistrate issued a decision recommending judgment in favor of defendant. The magistrate also recommended that the court issue a determination that Dr. Kirby is entitled to civil immunity pursuant to R.C. 9.86 and 2743.02(F) and that the courts of common pleas do not have jurisdiction over any civil actions that may be filed against Dr. Kirby based upon the allegations in this case. {¶ 2} 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). *** No objection has been filed. {¶ 3} Upon review of the record and the magistrate s decision, the court determines that there is no error of law or other defect on the face of the magistrate s decision. Therefore, 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. Additionally, the court determines that Dr. Kirby is entitled to civil immunity pursuant to R.C. 9.86 and 2743.02(F) and that the courts of common Case No. 2004-06020 -2- JUDGMENT ENTRY pleas do not have jurisdiction over any civil actions that may be filed against Dr. Kirby based upon the allegations in this case. 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. ________________________________ J. CRAIG WRIGHT Judge Entry cc: Paul Smith, #333-052 5701 Burnett Road P.O. Box 901 Leavittsburg, Ohio 44430-0901 Plaintiff, Pro se James P. Dinsmore Assistant Attorney General 150 East Gay Street, 23rd Floor Columbus, Ohio 43215-3130 Attorney for Defendant LP/cmd Filed August 29, 2005 To S.C. reporter September 26, 2005
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