Moreno v. Ohio Dept. of Rehab. & Corr.
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[Cite as Moreno v. Ohio Dept. of Rehab. & Corr., 2005-Ohio-4458.] IN THE COURT OF CLAIMS OF OHIO www.cco.state.oh.us VICTOR MORENO : Plaintiff : v. : CASE NO. 2004-07379 Judge J. Craig Wright Magistrate Steven A. Larson : MAGISTRATE DECISION OHIO DEPARTMENT OF REHABILITATION AND CORRECTION : Defendant : : : : : : : : : : : : : : : : : {¶ 1} On July 11, 2005, defendant filed a motion to dismiss plaintiff s prosecute. case pursuant to Civ.R. 41(B)(1) for failure to The grounds for the motion are that plaintiff failed to file a pretrial statement as required by the local rules of this court, and failed to participate in the pretrial conference. Plaintiff has also failed to respond to the motion to dismiss. The court s October 25, 2004, scheduling order provides in relevant part: Failure to appear at trial or pretrial may result in dismissal of the action pursuant to Civ. R. 41(B), or default judgment pursuant to Civ. R. 55(D). {¶ 2} Upon review, and for the reasons set forth in defendant s memorandum in support, the court finds that plaintiff has failed to prosecute his action. Accordingly, the magistrate recommends that defendant s motion be granted and plaintiff s case be dismissed pursuant to Civ.R. 41(B)(1). {¶ 3} A party may file written objections to the magistrate s decision within 14 days of the filing of the decision. A party shall not assign as error on appeal the court s adoption of any finding or conclusion of law contained in the magistrate s decision Case No. 2004-07379 -2- MAGISTRATE DECISION unless the party timely and specifically objects to that finding or conclusion as required by Civ.R. 53(E)(3). ________________________________ STEVEN A. LARSON Magistrate Entry cc: Victor Moreno Plaintiff, Pro se c/o Parole Officer Brian Hillfinger Adult Parole Authority 7710 Reading Road, Suite 210 Cincinnati, Ohio 45237 Douglas R. Folkert Assistant Attorney General 150 East Gay Street, 23rd Floor Columbus, Ohio 43215-3130 Information Copy: Victor Moreno 5805 North Meadows, Apt. H Columbus, Ohio 43229 Victor Moreno, #457-659 P.O. Box 740 London, Ohio 43140 MR/cmd Filed August 2, 2005 To S.C. reporter August 29, 2005 Attorney for Defendant
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