Penland v. Ohio Dept. of Rehab. & Corr.

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[Cite as Penland v. Ohio Dept. of Rehab. & Corr., 2004-Ohio3815.] IN THE COURT OF CLAIMS OF OHIO ALEX PENLAND : Plaintiff : v. : CASE NO. 2003-08428 Judge J. Warren Bettis Magistrate Steven A. Larson OHIO DEPARTMENT OF : JUDGMENT ENTRY REHABILITATION AND CORRECTIONS : Defendant : : : : : : : : : : : : : : : : : {¶1} This case was tried to a magistrate of the court. On May 20, 2004, the magistrate issued a decision recommending that plaintiff s claim be dismissed for failure to prosecute pursuant to Civ.R. 41(B). {¶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). *** Plaintiff has not filed an objection. {¶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. {¶4} Accordingly, this case is prosecute pursuant to Civ.R. 41(B). DISMISSED for failure to Court costs are assessed Case No. 2003-08428 against plaintiff. -2- JUDGMENT ENTRY The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal. ________________________________ J. WARREN BETTIS Judge Entry cc: Alex Penland 10905 Birchridge Dr. Cincinnati, Ohio 45240 Plaintiff, Pro se Sally Ann Walters Assistant Attorney General 150 East Gay Street, 23rd Floor Columbus, Ohio 43215-3130 ML/cmd Filed June 28, 2004 To S.C. reporter July 19, 2004 Attorney for Defendant

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