Gibbons v. Commissioner Social Security Administration et al
| Todd Roy Gibbons |
| Aging and People with Disabilities, MD Richard Alley, Amy Beyer, Joshua Boyd, Catholic Health Initiatives, David E. Clark, Commissioner Social Security Administration, D.H.S./O.H.A. Hearings, Christine Darby, Department of Human Services, Department of Human Services Disability Determination Services, Sean Hammack, Lloyd E. Hartford, Donna Lee, Mrs. Martinez, Office of Disability Adjudication and Review, Valentino Plummer, Norma Pritchard, Natalie Q., Bethany Robinson, Ellen Rosenblum, Samaritan Health Physicians Mid-Valley Medical Plaza, Michael O. Sant and David R. Starr |
| 2:2014cv00709 |
| April 28, 2014 |
| US District Court for the District of Oregon |
| Pendleton (2) Office |
| Michael H. Simon |
| Contract: Other Contract Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
42
Opinion and Order - The Commissioner's motion to dismiss (Dkt. 30 ) is GRANTED. Gibbons's amended complaint (Dkt. 7 ) is DISMISSED WITH PREJUDICE as concerns the Commissioner's 2013 decision. Gibbons's amended complaint is DISMI SSED WITHOUT PREJUDICE as concerns his other claims. Gibbons's motion to submit sealed medical and health information (Dkt. 31 ), motion to order Defendant to submit all administrative records (Dkt. 32 ), motion to supplement request for admis sions (Dkt. 36 ), motion for protection (Dkt. 39 ), motion for order (Dkt. 40 ), and motion to order both parties to oral argument (Dkt. 41 ) are DISMISSED as moot. The Commissioner's motion for a protective order (Dkt. 38 ) is also DISMISSED as moot. Signed on 3/2/2015 by Judge Michael H. Simon. (mja)
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Filing
5
Opinion and Order - The Court GRANTS Gibbons' motion to proceed in forma pauperis (ECF 1 ). Gibbons' Complaint (ECF 2 ), however, fails to state a claim upon which relief may be granted, see 28 U.S.C. § 1915(e)(2). The Court DISMISSE S WITH PREJUDICE Gibbons claims against Defendants Lloyd E. Hartford, David E. Clark, Ellen F. Rosenblum, and Oregon Department of Human Services. The Court DISMISSES WITHOUT PREJUDICE and with leave to amend Gibbons' claims under the Social Sec urity Act and FTCA against the remaining Defendants. The Court DENIES AS MOOT Gibbons' motion to grant temporary relief (ECF 3 ). The Court GRANTS IN PART and DENIES IN PART Gibbons' motion to supplement record and amend (ECF 4 ), specifically granting Gibbons the opportunity to amend his Complaint pursuant to this Order and Opinion and denying as moot his request to submit medical records and information. Signed on 5/12/2014 by Judge Michael H. Simon. (mja)
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