Opinion
Civil Action 2:08-cv-530.
January 21, 2009
ORDER
Plaintiff Ronald W. Hall, a state prisoner, brought this action alleging that defendants subjected him to cruel and unusual punishment by denying him medical care after he suffered a heart attack. This matter is before the Court on Magistrate Judge Abel's December 17, 2008 Report and Recommendation that defendant Southeastern Ohio Regional Medical Center's September 3, 2008 Motion for Judgment on the Pleadings (doc. 10) be denied.
No objections have been filed to the Report and Recommendation. The Magistrate Judge held that to the extent the complaint pleads a claim for medical malpractice, it is barred by Ohio's one-year statute of limitations for medical claims under Ohio Revised Code § 2305.113. However, to the extent that is pleads a claim under 42 U.S.C. § 1983, it was timely filed.
Upon de novo review in accordance with the provisions of 28 U.S.C. § 636(b)(1)(B), the Court ADOPTS the Report and Recommendation. Defendant Southeastern Ohio Regional Medical Center's September 3, 2008 Motion for Judgment on the Pleadings (doc. 10) is GRANTED to the extent the complaint pleads a claim for medical malpractice, but DENIED to the extent that is pleads a claim under 42 U.S.C. § 1983.