Hudson v. Volunteers of America of Carolinas et al
| Wanda S. Hudson |
| Volunteers of America of Carolinas, PACE Senior Community Center of North Carolina and The Duke Hospital |
| 5:2018cv00191 |
| May 1, 2018 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| WAKE |
| Louise Wood Flanagan |
| Personal Injury: Health Care |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
50
AMENDED JUDGMENT - in accordance with the courts order entered April 22, 2019, and for the reasons set forth more specifically therein, that defendants, VAC, VOANS and the Duke Hospital's motions to dismiss are GRANTED fo r lack of jurisdiction, failure to obtain service of process and failure to state a claim. IT IS FURTHER ORDERED, ADJUDGED AND DECREED in accordance with the court's order entered May 24, 2019 where plaintiff failed to timely respond to the cour ts order to timely perfect service on defendant Southeastern Healthcare, the court dismisses plaintiff's remaining claims against defendant Southeastern Healthcare WITHOUT PREJUDICE. The court also modifies its prior order and dismisses plaintiff's claims against defendants VAC, VOANS and the Duke Hospital WITH PREJUDICE. Signed by Peter A. Moore, Jr., Clerk of Court on 5/28/2019. (Collins, S.)
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Filing
49
JUDGMENT - In accordance with the court's order entered April 22, 2019, and for the reasons set forth more specifically therein, that defendants', VAC, VOANS and the Duke Hospital's motions to dismiss are GRANTE D for lack of jurisdiction, failure to obtain service of process and failure to state a claim. IT IS FURTHER ORDERED, ADJUDGED AND DECREED in accordance with the court's order entered May 24, 2019 where plaintiff failed to timely respond to the court's order to timely perfect service on defendant Southeastern Healthcare, the court dismisses plaintiff's remaining claims against defendant Southeastern Healthcare WITH PREJUDICE. The court also modifies its prior order and dismisses plaintiff's claims against defendants VAC, VOANS and the Duke Hospital WITH PREJUDICE. Signed by Peter A. Moore, Jr., Clerk of Court on 5/24/2019. (Collins, S.)
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Filing
47
ORDER granting 31 Motion to Dismiss or For a More Definite Statement; granting 36 Motion to Dismiss. Defendants VAC, VOANS, and the Duke Hospital are DISMISSED WITHOUT PREJUDICE. Plaintiff is ALLOWED 21 days to file a motion to amend her complaint, together with proposed amended complaint, correcting the deficiencies noted herein. Plaintiff is FURTHER ALLOWED 21 days to perfect service on defendant Southeastern Healthcare, and 28 days to file proof of serv ice. Should plaintiff fail to file proof of service within the time specified, plaintiff's remaining claims against defendant Southeastern Healthcare shall be DISMISSED WITHOUT PREJUDICE. Signed by District Judge Louise Wood Flanagan on 4/22/2019. (A certified copy of this Order was sent via US mail to Wanda S. Hudson, P. O. Box 473, Morrisville, NC 27560.) (Collins, S.)
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Filing
9
ORDER adopting Report and Recommendations re 4 Memorandum and Recommendations; granting 1 Motion for Leave to Proceed in forma pauperis. Claims raised by plaintiff to recover for injuries caused to unnamed patient are DI SMISSED without prejudice pursuant to §1915(e)(2)(B) for failure to state a claim. Remaining claims asserted by plaintiff on her own behalf shall proceed. Plaintiff's motion for appointment of counsel 6 is DENIED. The clerk is DIRECTED to serve complaint by US Marshal in accordance with Rule 4(c)(3). Signed by District Judge Louise Wood Flanagan on 10/9/2018. (A copy of this Order was sent via US mail to Wanda S. Hudson, P. O. Box 473, Morrisville, NC 27560.) (Collins, S.)
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