[Cite as Dowery v. Lorain Correctional Inst., 2011-Ohio-3149.]

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

MR. ANTHONY DOWERY 

 Plaintiff 

 v. 

LORAIN CORRECTIONAL INSTITUTION 

 Defendant 

Case No. 2010-01310 

Judge Clark B. Weaver Sr. 

Magistrate Matthew C. Rambo 

JUDGMENT ENTRY

{¶ 1} On April 8, 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).” On April 21, 2011, plaintiff filed his objection.1

 On April 25, 2011, 

defendant filed a response. 

{¶ 3} The magistrate found that on April 1, 2008, plaintiff was to be released 

from the custody and control of defendant. The process required plaintiff to be 

transported by van to the front of defendant’s main building where he was to be met by 

members of his family. As he exited the van, plaintiff fell to the ground and was injured. 

The magistrate determined that plaintiff’s failure to exercise reasonable care for his own 

 1

Th

e court construes plaintiff’s April 21, 2011 “motion in opposition to magistrate decision pursuant to Civ.R. 
Case No. 2010-01310 - 2 - JUDGMENT ENTRY

safety while exiting the van was the sole proximate cause of his injuries. 

{¶ 4} Plaintiff’s objection challenges several factual findings made by the 

magistrate. Plaintiff, however, failed to support his objection with a transcript of the 

proceedings. Civ.R. 53(D)(3)(b)(iii) states that “[a]n objection to a factual finding, 

whether or not specifically designated as a finding of fact under Civ.R. 53(D)(3)(a)(ii), 

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.” 

Accordingly, plaintiff’s objection shall be overruled. Furthermore, to the extent that 

plaintiff’s objection asserts that the magistrate’s decision is not supported by the weight 

of the evidence, the court finds that the factual findings contained in the magistrate’s 

decision support the magistrate’s legal conclusions. 

{¶ 5} Upon review of the record, the magistrate’s decision and the objection, the 

court finds that the magistrate has properly determined the factual issues and 

appropriately applied the law. Therefore, the objection is 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. 

 _____________________________________ 

 CLARK B. WEAVER SR. 

 Judge 

cc: 

 

 

53(D)(4)(e)(i)” as an objection to the magistrate’s decision.
Case No. 2010-01310 - 3 - JUDGMENT ENTRY

Amy S. Brown 

Assistant Attorney General 

150 East Gay Street, 18th Floor 

Columbus, Ohio 43215-3130 

Mr. Anthony Dowery, #560-580 

940 Williamsport Road 

Marion, Ohio 43301 

GWP/dms

Filed June 6, 2011 

To S.C. reporter June 22, 2011