Peterson v. USA et al
| Stephen Desmund Peterson |
| USA, Hospital Administrator - Medical Department, Tom Goforth, E Barby, Jonah Zwemer and Ernest |
| 5:2015cv00074 |
| January 23, 2015 |
| US District Court for the Western District of Oklahoma |
| Oklahoma City Office |
| XX US, Outside State |
| Shon T. Erwin |
| David L. Russell |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
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Filing
24
ORDER ADOPTING REPORT AND RECOMMENDATION for 23 Report and Recommendation, Plaintiffs Complaint is DISMISSED WITHOUT PREJUDICE. Signed by Honorable David L. Russell on 2/29/16. (jw)
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Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION for 6 Motion to Amend/Correct, filed by Stephen Desmund Peterson, 14 Report and Recommendation, as more fully set out. Signed by Honorable David L. Russell on 6/2/15. (jw)
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Filing
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MEMORANDUM OPINION AND ORDER: 1) Pursuant to Fed. R. Civ. P. 21, Petersons constitutional claims against the USP-Victorville defendants (Hospital Administrator, name unknown, Victorville Medical Department; Dr. Jesus Fernandez, Medical Director; Jim my Elevazo, health care provider; Ann Pierce, health care provider; and Gerald Cheney, health care provider) set forth in Petersons Complaint [R. 1] are SEVERED from this action and are TRANSFERRED to the U.S. District Court for the Central District of California for all further disposition; 2) Pursuant to Fed. R. Civ. P. 21, Petersons constitutional claims against the FTC-Oklahoma defendants (unknown name Hospital Administrator, Medical Department; Dr. Tom Goforth, M.D.; PA, E. Barby, health ca re provider; Jonah Zwemer, reading radiologist; and Dr. Ernest, physician) set forth in Petersons Complaint [R. 1] are SEVERED from this action and are TRANSFERRED to the U.S. District Court for the Western District of Oklahoma for further dispositio n; 3) Pursuant to Fed. R. Civ. P. 21, Petersons constitutional claims against the FMCP Springfield defendants (Ryan Toliver, health care provider; Ernesto Gapasin, M.D.; Joseph Christ, orthopedic therapist; Jinna Su Chen, radiologist; and Gregory Dau s, M.D., orthopedic specialist) set forth in Petersons Complaint [R. 1] are SEVERED from this action and are TRANSFERRED to the U.S. District Court Western District of Missouri for all further disposition; 4) The court DECLINES to exercise supplement al jurisdiction over Petersons state law negligence/medical malpractice claims against the following non-BOP personnel in California: Dr. Louis Redix, orthopedic surgeon; E. Fiervo, scrub nurse, Barstow Community Hospital, Barstow, California; name u nknown, circulator, Barstow Community Hospital, Barstow,California; Dr. Shay, anesthesiologist, Barstow Community Hospital, Barstow, California; Greg Wierzbowski, M.D., radiologist, Mr. or Ms. Russell, supervising nurse, Barstow Community Hospital, B arstow, California; and unknown owners, CEOs, and administrators of Barstow Community Hospital, Barstow, California. Petersons state law negligence/medical malpractice claims against these named defendants are DISMISSED WITHOUT PREJUDICE to his right to refile in state court in California; 5) The court DECLINES to exercise supplemental jurisdiction over Petersons state law negligence/medical malpractice claims against defendant Patrice Beliveau, M.D., an orthopedic surgeon in London, Kentucky. P etersons state law negligence/medical malpractice claims against Patrice Beliveau, M.D., are DISMISSED WITHOUT PREJUDICE to his right to refile in state court in Kentucky; 6) Matter stands submitted for completion of initial screening. Signed by Judge Karen K. Caldwell on 1/22/2015.(RC)cc: COR, paper copy pro se filer [Transferred from Kentucky Eastern on 1/23/2015.]
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