Nails v. St Joesph's /Chandler et al
| Angela Nails |
| St Joesph's /Chandler, Karen Turner and Dajaunia James |
| 2:2023cv01734 |
| December 15, 2023 |
| US District Court for the Northern District of Alabama |
| Gray M Borden |
| Madeline Hughes Haikala |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on January 23, 2024. A more recent docket listing may be available from PACER.
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| Filing 6 Case Reassigned to Judge Madeline Hughes Haikala. Magistrate Judge Gray M Borden no longer assigned to the case. Please use case number 2:23-cv-1734-MHH on all subsequent pleadings. (RMM) |
Filing 5
ORDER The General Order for Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama calls for reassignment to a district judge following the occurrence of the first of three "triggering events" absent unanimous consent. None of these events have occurred in this case, and it appears that no such events will occur in the timely manner contemplated in the General Order. Consequently, the undersigned cannot obtain consent from all parties, and the case is now due to be assigned to a district judge for all further proceedings. The Clerk of Court is DIRECTED to reassign this case to a district judge randomly drawn. Signed by Magistrate Judge Gray M Borden on 1/23/2024. (RMM)
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| Filing 4 AMENDED COMPLAINT against St Joesph's /Chandler, Karen Turner, filed by Angela Nails. (Attachments: #1 Attachment)(RMM) |
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Filing 3
ORDER Plaintiff Angela Nails has filed a pro se complaint against St. Joseph's/Chandler and Doctor Karen Turner. Doc. 1. Nails also submitted a motion for leave to proceed in forma pauperis. Doc. 2. For the reasons discussed below, Nails will be required to file an amended complaint. The court will deny the motion to proceed in forma pauperis with leave to refile upon the submission of an amended complaint. Nail's complaint here does not state a federal cause of action. Instead, it appears that Nails is attempting to bring a claim for medical malpractice for Dr. Turner's and another doctor's failure to treat her. A claim for medical malpractice is a state-law claim. See Ala. Code 6-5-548(a). To the extent Nails believes she can fix the deficiencies in the complaint, she must file an amended complaint bearing this case number (2:23-cv-1734-GMB) on the first page. The amended complaint must refer to the federal statute or statutes being invoked, and these statutes must be ones that provide a private right of action. On or before January 22, 2024, Nails shall file an amended complaint that cures the deficiencies and complies with the instructions outlined above. Nails is specifically cautioned that her failure to file an amended complaint consistent with these directions and by this deadline will result in the dismissal of this action. Nails' motion to proceed in forma pauperis (Doc. 2) is DENIED with leave to refile upon the submission of an amended complaint. Signed by Magistrate Judge Gray M Borden on 1/8/2024. (RMM)
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| Set/Reset Deadlines: Amended Pleadings due by 1/22/2024 pursuant to Order #3 . (RMM) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Angela Nails. (KAM) |
| Filing 1 COMPLAINT against St Joesph's /Chandler, Karen Turner, filed by Angela Nails.(KAM) |
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