McNair v. Adventist Medical Center Portland et al
| Minister Timothy Luther McNair |
| Meredith Peake, Dr. Crook, Dr. Andrea Klein, Adventist Health/Risk Management, Kevin L. Dean, Dr. Jonathan Helwig, Dustin V. Shackleton, Unknown Ambulance Company, Adventist Medical Center Portland, Krista Swaninger and Frank Cruz, III |
| 3:2018cv01938 |
| November 6, 2018 |
| US District Court for the District of Oregon |
| Stacie F Beckerman |
| Marco A Hernandez |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 4, 2019. A more recent docket listing may be available from PACER.
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Filing 10
Judgment. IT IS ORDERED AND ADJUDGED that this Action is DISMISSED, with prejudice as to Plaintiff's claims brought pursuant to 42 U.S.C. 1983 and the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. 1395dd. This Court declines to exercise jurisdiction over Plaintiff's pendent state claims. This Court certifies that an appeal would not be taken in good faith. See 28 U.S.C. 1915(a)(3). IT IS SO ORDERED. Signed on 1/4/2019 by Judge Michael H. Simon. (Copy mailed to Plaintiff.) (gw)
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Filing 9
ORDER OF DISMISSAL. Based on the foregoing, the Court GRANTS Plaintiff's Application to Proceed In Forma Pauperis (ECF No. #1 ) and DISMISSES Plaintiff's Complaint with prejudice as to Plaintiff's claims brought pursuant to 42 U.S.C. 1983 and EMTALA. This Court declines to exercise jurisdiction over Plaintiff's pendent state law claims. See 28 U.S.C. 1367(a)(3); Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350-51 (1988). Because it is apparent that Plaintiff cannot cure the deficiencies of his Complaint by amendment, this Court does not grant Plaintiff leave to amend. Further, this Court DENIES as moot Plaintiff's Motions for Status and for E-Filing Consideration (ECF Nos. #5 , #6 , & #7 ) and REVOKES Plaintiff's in forma pauperis status because an appeal would not be taken in good faith. See 28 U.S.C. 1915(a)(3). Signed on 1/4/2019 by Judge Michael H. Simon. (Copy of order mailed to Plaintiff.) (gw)
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| Filing 8 Notice of Case Reassignment: This case has been reassigned from Judge Marco A. Hernandez to Magistrate Judge Stacie F. Beckerman. (eo) Copy mailed to plaintiff. |
| Filing 7 Motion for E-File Consideration. Filed by Timothy Luther McNair. (sss) |
| Filing 6 Motion for Status. Filed by Timothy Luther McNair. (sss) |
| Filing 5 Motion for E-File Consideration. Filed by Timothy Luther McNair. (sss) |
| Filing 4 Notice of Case Assignment: This case is assigned to Judge Marco A. Hernandez. (Mailed to plaintiff date of entry 11/7/2018.) (sss) |
| Filing 3 Civil Cover Sheet regarding Complaint #2 . Filed by Timothy Luther McNair. (sss) |
| Filing 2 Complaint. Jury Trial Requested: Yes. Filed by Timothy Luther McNair against All Defendants. (sss) |
| Filing 1 Application for Leave to Proceed IFP. Filed by Timothy Luther McNair. (sss) |
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