Claren v. Mansfield Corr. Inst.

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[Cite as Claren v. Mansfield Corr. Inst., 2011-Ohio-5962.] Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us PAUL CLAREN, Case No. 2008-08744 Plaintiff, Plaintiff, Judge Joseph T. Clark Magistrate Anderson M. Renick v. MANSFIELD CORRECTIONAL INSTITUTION, JUDGMENT ENTRY Defendant. {¶1} On August 19, 2011, the magistrate issued a decision recommending judgment for defendant. {¶2} Civ.R. 53(D)(3)(b)(i) states, in part: A party may file written objections to a magistrate s decision within fourteen days of the filing of the decision, whether or not the court has adopted the decision during that fourteen-day period as permitted by Civ.R. 53(D)(4)(e)(i). Plaintiff timely filed his objections. {¶3} Civ.R. 53(D)(3)(b) further provides, in part: {¶4} (ii) Specificity of objection. An objection to a magistrate s decision shall be specific and state with particularity all grounds for objection. {¶5} (iii) Objection to magistrate s factual finding; transcript or affidavit. An objection to a factual finding * * * shall be supported by a transcript of all the evidence submitted to the magistrate relevant to that finding or an affidavit of that evidence if a transcript is not available. {¶6} Plaintiff s objections are not specific and, to the extent that he objects to the magistrate s factual findings, he did not file a transcript of the evidence relevant to his objections. {¶7} Furthermore, upon review of the record, the magistrate s decision and the objections, the court finds that the magistrate has properly determined the factual issues Case No. 2008-08744 -2- JUDGMENT ENTRY and appropriately applied the law. Therefore, the objections are OVERRULED and the court adopts the magistrate s decision and recommendation as its own, including 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. _____________________________________ JOSEPH T. CLARK Judge cc: Christopher P. Conomy Assistant Attorney General 150 East Gay Street, 18th Floor Columbus, Ohio 43215-3130 Filed September 30, 2011 To S.C. reporter November 18, 2011 Paul Claren 930 North Ella Street, Apt. 15 Orrville, Ohio 44667-1145

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