Walden v. Providence Health and Services
| April S. Walden |
| Providence Health and Services and Providence St. Joseph Health |
| 3:2019cv01717 |
| October 28, 2019 |
| US District Court for the District of Oregon |
| John V Acosta |
| Personal Injury: Health Care/Pharmaceutical |
| 28 U.S.C. ยง 1331 |
| None |
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This docket was last retrieved on December 26, 2019. A more recent docket listing may be available from PACER.
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Filing 10
ORDER: The Court ADOPTS Magistrate Judge Acosta's Findings & Recommendation #5 , and therefore, Plaintiff's Complaint #2 is dismissed without prejudice. Plaintiff has thirty days in which to file an Amended Complaint. Failure to timely file an Amended Complaint curing thedeficiencies explained in Judge Acosta's Findings & Recommendation will result in the action being dismissed with prejudice. Signed on 12/26/19 by Judge Marco A. Hernandez. (Mailed to Pro Se party on 12/26/19.) (dls)
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| Filing 9 Objections to Findings & Recommendation #5 . Filed by April S. Walden. (jn) |
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Filing 8
ORDER: Granting Plaintiff's motion to extend time, ECF 7, IN PART ONLY. Plaintiff's objections to the October 31, 2019 Findings & Recommendation, ECF 5, are due December 3, 2019. Given that the Findings & Recommendation recommends dismissal of the Complaint without prejudice and with leave to amend, Plaintiff's search for an attorney is not a reason to postpone this Court's review of the Findings & Resolution for the full amount of time requested by Plaintiff. If she obtains an attorney, counsel can then prepare an Amended Complaint should this Court adopt the Findings & Recommendation. Ordered by Judge Marco A. Hernandez. (Mailed to Pro Se party on 11/19/2019.) (jp)
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| Filing 7 Motion for Extension of Time to File an Objection to Findings and Recommendation #5 . Filed by April S. Walden. (jn) |
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Filing 6
ORDER REFERRING Findings and Recommendation #5 regarding Application for Leave to Proceed IFP #1 and Complaint #2 to The Honorable Marco A. Hernandez for review. Ordered by the Honorable Magistrate Judge John V. Acosta. (Mailed to Pro Se party on 10/31/2019.) (peg) Modified on 10/31/2019 to correct text. (peg)
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| Filing 5 FINDINGS AND RECOMMENDATION: Waldens application to proceed in forma pauperis #1 is GRANTED. However, Waldens complaint #2 should be dismissed sua sponte for lack of subject matter jurisdiction with leave to file an amended complaint curing the identified deficiencies within thirty days of the district judges order of dismissal. The court recommends the district judge advise Walden that failure to file an amended complaint which cures the deficiencies shall result in a dismissal of this proceeding, with prejudice. SCHEDULING ORDER: The Findings and Recommendation will be referred to a district judge for review. Objections, if any, are due November 18, 2019. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due within fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. DATED this 31st day of October, 2019 by The Honorable Magistrate Judge John V. Acosta.(Mailed to Pro Se party on 10/31/2019.) (peg) |
| Filing 4 Notice of Case Assignment: This case is assigned to Magistrate Judge John V. Acosta. (Mailed to Pro Se party on 10/28/2019.) (jn) |
| Filing 3 Motion for Appointment of Counsel. Filed by April S. Walden. (jn) |
| Filing 2 Complaint. Jury Trial Requested: No. Filed by April S. Walden against Providence Health and Services (Attachments: #1 Civil Cover Sheet). (jn) |
| Filing 1 Application for Leave to Proceed IFP. Filed by April S. Walden. (jn) |
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