Wesley v. Gulick et al
| Michael Wesley |
| Nurse Butler, Male Nurse Doe, John and Jane Does 1-10, Dr. Gulick, Nurse Neil and Steven Shelton M.D. |
| 3:2015cv00440 |
| March 17, 2015 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Stacie F. Beckerman |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1343 Violation of Civil Rights |
| Plaintiff |
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Filing
46
Opinion and Order - The Court ADOPTS IN PART the F&R (ECF 42 ), as supplemented herein. Defendants' Motion for Summary Judgment (ECF 31 ) is GRANTED in part and DENIED in part. The motion is granted as to Plaintiff's § 1983 claim, an d that claim is dismissed with prejudice. The motion is denied as to Plaintiff's negligence claim. The Court, however, declines to exercise supplemental jurisdiction over Plaintiff's remaining negligence claim under state law. That claim is dismissed without prejudice. Under 28 U.S.C. § 1367(d), the statute of limitations on Plaintiff's state law negligence claim is tolled while the claim is pending and until thirty (30) days after the filing of this Opinion and Order of dism issal, thus allowing Plaintiff time to file a new action in state court, if he chooses, without a lapse of his rights. Defendants' motion to dismiss claims against all Doe nurses is granted. Defendants' motion to strike is denied. Defendants' motion to dismiss Plaintiff's claims relating to treatment in 2010 is granted. Plaintiff's motions to strike (ECF 37 ) are denied. Signed on 10/30/2017 by Judge Michael H. Simon. (mja)
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