Purdon v. Ohio Dept. of Rehab. & Corr.
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[Cite as Purdon v. Ohio Dept. of Rehab. & Corr., 2011-Ohio-5324.] 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 JASON PURDON Plaintiff v. OHIO DEPARTMENT OF REHABILITATION AND CORRECTION, et al. Defendants Case No. 2009-02812 Judge Alan C. Travis Magistrate Matthew C. Rambo JUDGMENT ENTRY {¶1} On July 11, 2011, the magistrate issued a decision recommending judgment for defendants. {¶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). On August 2, 2011, plaintiff filed a motion for leave for an extension of time to file objections to the magistrate s decision. {¶3} Civ.R. 6(B) provides, in part: {¶4} When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefore is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the Case No. 2009-02812 -2- JUDGMENT ENTRY expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect[.] {¶5} Plaintiff s motion was not filed before the expiration of the period prescribed by Civ.R. 53(D)(3)(b)(i) and did not state that his failure to do so was the result of excusable neglect. Accordingly, plaintiff s motion for leave is DENIED. {¶6} The court determines that there is no error of law or other defect evident on the face of the magistrate s decision. Therefore, 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 defendants. 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. _____________________________________ ALAN C. TRAVIS Judge cc: Anne B. Strait Assistant Attorney General 150 East Gay Street, 18th Floor Columbus, Ohio 43215-3130 MR/dms Filed August 22, 2011 To S.C. reporter October 13, 2011 Wm. Eric Minamyer 9832 Farmstead Drive Loveland, Ohio 45140
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