HOWELL v. VAMC SALISBURY et al

Plaintiff: THOMAS RAY HOWELL
Defendant: VAMC SALISBURY and VAMC ASHEVILLE
 
Case Number: 1:2012cv01233
Filed: November 16, 2012
 
Court: North Carolina Middle District Court
Office: NCMD Office
County: Randolph
 
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28:1402 Medical Malpractice
Jury Demanded By: None

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Date Filed#Document Text
November 21, 2012 4 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 11/21/2012; that Plaintiff's instant Application for Leave to Proceed In Forma Pauperis (Docket Entry 1 ) is DENIED WITHOUT PREJUDICE. FURTHER that, on or before March 15, 2013, Plaintiff shall file an amended complaint (bearing the case number for this case) that sets forth adequate factual allegations to permit the review required by Section 1915(e)(2) and that satisfies the substantiv e requirements of Section 1A-1, Rule 9(j), along with a properly-completed, amended pauper application (or the requisite filing fee). By permitting such action, the Court expresses no opinion on whether any such amended complaint would survive a cha llenge predicated on the timing requirements associated with Section 1A-1, Rule 9(j). Failure by Plaintiff to file an amended complaint, along with a properly-completed, amended pauper application (or the requisite filing fee) by March 15, 201 3, may result in dismissal of this action without further notice. FURTHER that, in lieu of or in addition to filing any amended complaint in this case, Plaintiff may commence a new action by filing a complaint (without the case number for this case) that sets forth adequate factual allegations to permit the review required by Section 1915(e) (2) and that satisfies the substantive requirements of Section 1A-1, Rule 9(j), along with a properly-completed pauper application (or the requisite filing fee). By permitting such action, the Court expresses no opinion on whether any such new action would fail on statute of limitations grounds. (Garland, Leah)

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Plaintiff: THOMAS RAY HOWELL
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Defendant: VAMC SALISBURY
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Defendant: VAMC ASHEVILLE
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