Actkinson

MEMORANDUM **

Timothy Actkinson (“Actkinson”) 1 appeals the district court’s summary judgment ruling in favor of Dr. John Michael Vargo (“Dr. Vargo”). While Actkinson was incarcerated in the Oregon state prison where Dr. Vargo was in charge of inmate medical care, Actkinson contends, Dr. Vargo violated his Eighth Amendment constitutional right to be free from cruel and unusual punishment through deliberate indifference to Actkinson’s serious medical needs. 2 Specifically, Actkinson asserts Dr. Vargo failed adequately to treat the herpetic keratitis in his eye by: (1) ignoring Actkinson’s complaints of an allergic reaction to Prednisolone; (2) failing to follow the emergency room doctor’s (“Dr. Miller’s”) instructions, which included taking Actkinson off Prednisolone; and (3) deviating from the eye specialist, Dr. Barone’s, treatment orders.

In granting Dr. Vargo’s motion for summary judgment, the district court held: (1) *471 Because Dr. Vargo’s alleged failure to follow Dr. Miller’s recommendation for Actkinson’s treatment occurred on March 30, 2002, and Actkinson did not file his complaint until May 24, 2004, Actkinson’s claim was time-barred by the two-year statute of…