Lawson v. McQuate et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge George C Smith on 12-19-12. (ga)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

James Harold Lawson, Jr.,
Plaintiff
v.
Jessica McQuate and Dino Cardaras,
Defendant

:
:

Civil Action 2:12-cv-00533

:

Judge Smith

:

Magistrate Judge Abel

:
ORDER
Plaintiff James Harold Lawson, Jr., a state prisoner, brings this action alleging
that defendants Jessica McQuate and Dino Cardaras violated his Eighth Amendment
rights. This matter is before the Court on Magistrate Judge Abel's November 15, 2012
Report and Recommendation that defendants Jessica McQuate and Dino Cardaras'
motion for judgment on the pleadings be granted to the extent that plaintiff seeks to
litigate a state law claim for medical negligence. The Magistrate Judge recommended
that plaintiff's Eighth Amendment claim brought pursuant to 42 U.S.C. § 1983 continue.
No objections have been filed to the Report and Recommendation.
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 and GRANTS defendants'
motion for judgment on the pleadings on plaintiff's state law claim for medical
negligence. Plaintiff's claim based on the Eighth Amendment remain pending.

George C. Smith
George C. Smith

United States District Judge

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