McCoy v. Madison Corr. Inst., 2021-00223PQ

CourtCourt of Claims of Ohio
Writing for the CourtPATRICK E. SHEERAN, JUDGE
Citation2022 Ohio 313
PartiesMAIYA MCCOY Requester v. MADISON CORRECTIONAL INSTITUTION Respondent
Decision Date27 January 2022
Docket Number2021-00223PQ

2022-Ohio-313

MAIYA MCCOY Requester
v.

MADISON CORRECTIONAL INSTITUTION Respondent

No. 2021-00223PQ

Court of Claims of Ohio

January 27, 2022


Sent to S.C. Reporter 2/4/2022

DECISION AND ENTRY

PATRICK E. SHEERAN, JUDGE

{¶1} Requester Maiya McCoy-a self-represented litigant-objects to a Special Master's Report and Recommendation in this public-records case. The Court overrules McCoy's objections for reasons set forth below.

I. Background

{¶2} On April 23, 2021, McCoy filed a complaint against Respondent Madison Correctional Institution (MCI) in which she claimed that she made public-records requests on December 20, 2020, January 3, 2021, and January 13, 2021. McCoy states in the complaint: "There is abuse occurring and I would like to see if the staff is [properly] and correctly maintaining their official duties when interacting with the prisoners off our tax dime. We have been given information that they are [purposely] not within their official capacity even when being confronted to follow proper protocol. Being shown a handbook should also not be ignored purposely."

{¶3} The Court appointed a Special Master who referred the case to mediation. On September 14, 2021, a mediator issued an entry wherein the mediator stated:

On September 9, 2021, the court attempted to conduct a mediation with the parties; however, requester did not contact the court at the designated time. Respondent was present and prepared to proceed. No further mediation will be scheduled
1

(Entry, September 14, 2021.) On McCoy's motion, the Special Master returned the case to the mediator for further proceedings. (Entry, September 23, 2021.) Thereafter, on November 12, 2021, in an entry the mediator stated:

On November 10, 2021, the court attempted to conduct a mediation with the parties. Counsel for respondent was present and prepared to proceed; however, requester did not contact the court at the designated time. No further mediation will be scheduled

(Entry, November 12, 2021.) That same day-November 12, 2021-the Court returned the case to the Special Master's docket. (Entry, November 12, 2021.)

{¶4} On December 30, 2021, the Special Master issued a Report and Recommendation (R&R). The Special Master states, "Upon consideration of the pleadings and attachments, the special master recommends the court issue an order finding requester's claim for production of records has been rendered moot. Because respondent did not provide the records until eight months after the requests were made, it is recommended that costs be assessed to respondent." (R&R, 4.)

{¶5} On January 11, 2022, McCoy filed three sets of objections to the Report and Recommendation. MCI has not filed a timely response to McCoy's objections.

II. Law and Analysis

{¶6} R.C. 2743.75(F)(2) governs objections to a special master's report and recommendation. Under R.C. 2743.75(F)(2), either party "may object to the report and recommendation within seven business days after receiving the report and recommendation by filing a written objection with the clerk and sending a copy to the other party by certified mail,...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT