Stephen Desmund Peterson v. USA et al
| Stephen Desmund Peterson |
| PA E. Barby, Barstow Community Hospital, Dr. Patrice Beliveau, Jinna Su Chen, Gerald Cheney, Joseph Christ, Dr. Gregory Daus, John or Jane Doe, John and Jane Does, Mr Jimmy Elevazo, Officer Ernest, Jesus Fernandez, E. Fiervo, Dr. Ernesto Gapasin, Dr. Tom Goforth, Hospital Administrator - Medical Department, Victorville Medical Department Hospital Administrator Name Unknown, Ann Pierce, Louis Redix, Russell, Shay, Springfield Medical Center Staff, Ryan Toliver, USA, USP-McCreary Medical Staff, USP-Victorville Medical Staff, Unknown Owners, CEO's, and Administrators, Dr. Greg Wierzbowski and Jonah Zwemer |
| 5:2015cv00143 |
| January 23, 2015 |
| US District Court for the Central District of California |
| Frederick F. Mumm |
| Andre Birotte |
| Prisoner: Civil Rights |
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The following documents for this case are available for you to view or download:
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Filing
103
JUDGMENT by Judge Andre Birotte Jr. IT IS ORDERED AND ADJUDGED that the First Amended Complaint is dismissed with prejudice as to Defendant Jesus Fernandez and dismissed without prejudice as to Defendants Jimmy Elevazo and Ann Pierce, and this action is dismissed. (MD JS-6, Case Terminated). (dml)
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Filing
50
ORDER ACCEPTING INTERIM REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Andre Birotte Jr. IT IS ORDERED that Defendant Jesus Fernandez's Motion to Dismiss is granted and that Plaintiff's claims against Defendant Jesus Fernandez are dismissed with prejudice and without leave to amend. 47 (SEE ORDER FOR FURTHER DETAILS) (gr)
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Filing
48
ORDER TO SHOW CAUSE RE DISMISSAL by Magistrate Judge Rozella A. Oliver. IT IS ORDERED that Plaintiff must show cause in writing, on or before December 10, 2015, why Plaintiff's claims against Jimmy Elevazo and Ann Pierce should not be dismissed due to his failure to prosecute. Failure to comply with this Order and/or to show cause will result in the dismissal of this action 14 16 17 (SEE ORDER FOR FURTHER DETAILS). (gr)
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Filing
8
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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