HOFFMEYER v. OHIO DEPT. OF REHAB. & CORR.

No. 10CA68.

2010 Ohio 5537

Samuel D. Hoffmeyer, Petitioner, v. Ohio Department of Rehabilitation and Correction, Respondent.

Court of Appeals of Ohio, Fifth District, Richland County.

DATE OF JUDGMENT ENTRY: October 28, 2010.


Attorney(s) appearing for the Case

SAMUEL D. HOFFMEYER, PRO SE, Richland Correctional Institution, 1001 Olivesburg Road, Mansfield, Ohio 44901, for Petitioner.

RYAN G. DOLAN, Assistant Attrorney General, Criminal Justice Section, 150 East Gay Street, 16th Floor, Columbus, Ohio 43215-6001, for Respondent.

Before: William B. Hoffman, P.J., Sheila G. Farmer, J., Patricia A. Delaney, J.


OPINION

HOFFMAN, P.J.

{¶1} Petitioner, Samuel D. Hoffmeyer, has filed a Petition for Writ of Mandamus requesting Respondent be ordered to provide Petitioner with a second opinion medical exam. Respondent has filed a motion to dismiss on the basis Petitioner has failed to state a claim upon which relief may be granted.

{¶2} Petitioner alleges he suffers from health problems due to the ingestion of contaminated food...

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