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

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[Cite as Penland v. Ohio Dept. of Rehab. & Corr., 2004-Ohio2758.] 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 : MAGISTRATE DECISION REHABILITATION AND CORRECTIONS : Defendant : : : : : : : : : : : : : : : : : {¶1} On May 10, 2004, this case came on for trial before a magistrate at Madison Correctional Institution on the sole issue of defendant s liability. {¶2} The case was scheduled for trial at 10:00 a.m. The case was called for trial at 10:18 a.m., but plaintiff failed to appear. {¶3} Upon oral motion of defendant, the court recommends plaintiff s case be dismissed pursuant to Civ.R. 41(B). {¶4} 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 unless the party timely and specifically objects to that finding or conclusion as required by Civ.R. 53(E)(3). ________________________________ STEVEN A. LARSON Case No. 2003-08428 -2- MAGISTRATE DECISION Magistrate 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 SAL/cmd Filed May 20, 2004 To S.C. reporter May 28, 2004 Attorney for Defendant

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