Wheeler v. Fitzgibbon Hospital
| Damon Lamont Wheeler |
| Fitzgibbon Hospital |
| 6:2023cv01240 |
| November 13, 2023 |
| US District Court for the District of Kansas |
| John W Broomes |
| Brooks G Severson |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1331 Fed. Question: Medical Malpractice |
| None |
Docket Report
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This docket was last retrieved on January 4, 2024. A more recent docket listing may be available from PACER.
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Filing 20
JUDGMENT pursuant to memorandum and order filed January 4, 2024, the court ADOPTS the Report & Recommendation and DISMISSES Plaintiff's complaint. Signed by deputy clerk on January 4, 2024. Mailed to pro se party Damon Lamont Wheeler by regular mail. (mls)
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Filing 19
ORDER ADOPTING REPORT AND RECOMMENDATIONS #14 . Plaintiff's complaint fails to state a claim and must be dismissed. Plaintiff's motion to witness #17 is denied as moot. Signed by District Judge John W. Broomes on January 4, 2024. Mailed to pro se party Damon Lamont Wheeler by regular mail. (mls)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #17 MOTION for Order. The motion will be resolved by the District Judge.(df)
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Filing 18
OBJECTION to #14 Report and Recommendations (titled "Motion to Object") by Plaintiff Damon Lamont Wheeler.(kas)
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Filing 17
MOTION to Witness by Plaintiff Damon Lamont Wheeler. (kas)
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Filing 16
CIVIL COVER SHEET by Plaintiff Damon Lamont Wheeler. (kas)
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Filing 15
CERTIFIED MAIL RECEIPT returned re #14 REPORT AND RECOMMENDATIONS addressed to Damon Lamont Wheeler. (ca) .
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Filing 14
REPORT AND RECOMMENDATION OF DISMISSAL re #1 Complaint filed by Damon Lamont Wheeler. Signed by Magistrate Judge Brooks G. Severson on 12/12/23. Mailed to pro se party Damon Wheeler by certified mail. (df)
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NOTICE Re: Pro Se Mailing. Document #14 REPORT AND RECOMMENDATIONS re #1 Complaint filed by Damon Lamont Wheeler mailed to Damon Lamont Wheeler on 12/12/2023 by certified mail ; Certified Tracking Number 7020 0640 0001 1580 0682. (cc)
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Filing 13
ORDER denying #12 pro se Plaintiff's "motion to witness to testify" under "federal rule 603." The Court surmises plaintiff is referencing Federal Rules of Evidence 603 which states that before a witness testifies, the witness must give an oath or affirmation to testify truthfully. Plaintiff appears to be asking the court for permission to testify in the case, which is not relief available under Rule 603. If the case proceeds to the discovery phase, Plaintiff will not need to file a motion to provide his testimony at a deposition (if his deposition is requested by Defendant). Further, if the case proceeds to trial, Plaintiff will not need to file a motion to testify. Should plaintiff testify in this case by way of deposition or at trial, he will be required to comply with Rule 603 and to give an oath or affirmation to testify truthfully prior to testifying. Signed by Magistrate Judge Brooks G. Severson on 12/4/23. Mailed to pro se party Damon Wheeler by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
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Filing 12
MOTION to Witness by Plaintiff Damon Lamont Wheeler. (referred to Magistrate Judge Brooks G. Severson) (kas)
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Filing 11
RESPONSE by Plaintiff Damon Lamont Wheeler re #5 Show Cause Order. (Document titled - Motion to Show Cause.) (mam)
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Filing 10
RETURN MAIL received re #5 and #6 Memorandum and Orders addressed to Damon Lamont Wheeler; re-mailed to the general delivery address provided at #9 . (mam)
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Filing 9
NOTICE OF CHANGE OF ADDRESS by Damon Lamont Wheeler. (mam)
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Filing 8
CIVIL COVER SHEET by Plaintiff Damon Lamont Wheeler. (mam)
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Filing 7
RETURN MAIL received regarding the notice of judge assignment and case opening addressed to Damon Lamont Wheeler (not re-mailed). (mam)
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Set Show Cause Deadline per #5 : Show Cause Response due by 12/18/2023.(kas)
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Filing 6
MEMORANDUM AND ORDER denying #4 Motion to Appoint Counsel. Signed by Magistrate Judge Brooks G. Severson on 11/16/23. Mailed to pro se party Damon Wheeler by certified mail. (df)
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Filing 5
MEMORANDUM AND ORDER granting #3 Motion for Leave to Proceed in forma pauperis. ORDER TO SHOW CAUSE why the undersigned Magistrate Judge should not recommend to the District Court that Plaintiff's Complaint (Doc. 1) be dismissed. Show Cause Response or Amended Complaint due by 12/18/2023. The Clerk shall not issue summons for service upon the Defendants at this time. Signed by Magistrate Judge Brooks G. Severson on 11/16/23. Mailed to pro se party Damon Wheeler by certified mail. (df)
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NOTICE Re: Pro Se Mailing. Documents #5 and #6 mailed to Damon Lamont Wheeler on 11/16/2023 by certified mail ; Certified Tracking Number 7020 0640 0001 1580 0637. (cc) Modified on 11/17/2023 to correct text information to include DE 6 (kas).
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Filing 4
MOTION to Appoint Counsel by Plaintiff Damon Lamont Wheeler. (referred to Magistrate Judge Brooks G. Severson) (jk)
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Plaintiff Damon Lamont Wheeler. (referred to Magistrate Judge Brooks G. Severson) (Attachments: #1 Affidavit of Financial Status) NOTE - Access to document is restricted pursuant to the courts privacy policy. (jk)
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Filing 2
CIVIL COVER SHEET re #1 Complaint by Plaintiff Damon Lamont Wheeler. (jk)
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Filing 1
COMPLAINT with trial location of Wichita, filed by Damon Lamont Wheeler. (jk)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Broomes and Magistrate Judge Brooks G. Severson for all proceedings. Copy mailed to pro se Plaintiff Damon Lamont Wheeler at 330 W. 2nd St. N, Wichita, KS 67202 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jk)
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