Yaacov v. Dept. of Rehab. & Corr.

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[Cite as Yaacov v. Dept. of Rehab. & Corr., 2009-Ohio-4025.] 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 ABRAHAM YAACOV Plaintiff v. DEPARTMENT OF REHABILITATION AND CORRECTION Defendant Case No. 2006-05217 Judge J. Craig Wright Magistrate Steven A. Larson JUDGMENT ENTRY {¶ 1} On July 1, 2009, the magistrate issued a decision recommending that plaintiff s claims based upon the alleged violation of his constitutional rights be dismissed and that judgment be rendered in favor of defendant on plaintiff s claim that defendant s employees used excessive force against him. {¶ 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). No objections were filed. {¶ 3} 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. Plaintiff s claims based upon the alleged violation of his constitutional rights are DISMISSED and judgment is rendered in favor of defendant on plaintiff s excessive use-of- force claim. Court costs are assessed against plaintiff. The Case No. 2006-05217 -2- JUDGMENT ENTRY clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal. _____________________________________ J. CRAIG WRIGHT Judge cc: Jana M. Brown Jennifer A. Adair Assistant Attorneys General 150 East Gay Street, 18th Floor Columbus, Ohio 43215-3130 Magistrate Steven A. Larson MR/cmd Filed August 7, 2009 To S.C. reporter August 12, 2009 Abraham Yaacov, #484-679 Mansfield Correctional Institution P.O. Box 788 Mansfield, Ohio 44901

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