Haynes v. Ohio Dept. of Rehab. & Corr.
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[Cite as Haynes v. Ohio Dept. of Rehab. & Corr., 2006-Ohio-4735.] IN THE COURT OF CLAIMS OF OHIO www.cco.state.oh.us SHANNON HAYNES : Plaintiff : v. : CASE NO. 2004-08456 Judge J. Craig Wright Magistrate Steven A. Larson OHIO DEPARTMENT OF : JUDGMENT ENTRY REHABILITATION AND CORRECTION : Defendant : : : : : : : : : : : {¶ 1} This case was tried to a magistrate of the court. On March 8, 2006, the magistrate issued a decision recommending judgment for defendant. {¶ 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). *** {¶ 3} On March 17, 2006, plaintiff filed a motion for an extension of time to file objections to the magistrate s decision. Defendant did not respond to plaintiff s motion. On March 31, 2006, plaintiff filed his objections to the magistrate s decision. On April 6, 2006, defendant filed both a motion to strike plaintiff s objections as untimely and a memorandum contra plaintiff s objections. Upon consideration, defendant s motion to strike is DENIED and plaintiff s motion for an extension of time to file objections is GRANTED, instanter. {¶ 4} All five of plaintiff s objections challenge the weight that the magistrate gave to the testimony of various witnesses at trial. Plaintiff also alleges that the magistrate erred by finding that plaintiff s testimony was inconsistent. Case No. 2004-08456 -2- JUDGMENT ENTRY {¶ 5} Civ.R. 53(E)(3)(c) states, in relevant part: *** Any objection to a finding of fact shall be supported by a transcript of all the evidence submitted to the magistrate relevant to that fact or an affidavit of that evidence if a transcript is not available. Plaintiff failed to file a transcript of the proceedings in this matter to support his objections. As such, it is impossible for the court to review the alleged errors raised by plaintiff s objections. Accordingly, plaintiff s objections are OVERRULED. {¶ 6} Additionally, 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. 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: Shannon Haynes, #410-669 P.O. Box 45699 Lucasville, Ohio 45699 Plaintiff, Pro se Douglas R. Folkert Assistant Attorney General 150 East Gay Street, 23rd Floor Columbus, Ohio 43215-3130 Attorney for Defendant MR/cmd Filed August 10, 2006 To S.C. reporter September 12, 2006
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