Johnson v. St. Thomas Hospital, Mid-Town
| Donald Earl Johnson |
| St. Thomas Hospital, Mid-Town |
| 3:2019cv00096 |
| January 22, 2019 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 11
ORDER: Before the Court is plaintiff Donald Earl Johnson's motion to appeal in forma pauperis. (Doc. No. #9 .) The complaint was dismissed in its entirety on February 13, 2019. His federal claims were dismissed with prejudice, based on Plaintiff's failure to allege facts that established a federal claim. The court now CERTIFIES in accordance with Rule 24(a)(3)(A) of the Federal Rules of Appellate Procedure that the appeal is frivolous and not in good faith. Plaintiff does not address the legal basis for the dismissal of his claims and instead asserts only that he told the truth in his Complaint. Finding the appeal frivolous, the Court DENIES the motion to appeal in forma pauperis (Doc. No. #9 ). The Clerk of Court is instructed to ensure that the Clerk for the Sixth Circuit Court of Appeals receives notice of this order. Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/8/2019. (xc:Pro se party by regular mail, and an email copy of this Order to the Sixth Circuit Court of Appeals.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 10 6CCA Case Number 19-5219 for #8 Notice of Appeal. Cheryl Borkowski, Case Manager. (mg) |
| Filing 9 APPLICATION for Leave to Proceed In Forma Pauperis by Donald Earl Johnson. (mg) |
| Filing 8 NOTICE OF APPEAL as to #6 Order Dismissing Case, #5 Memorandum Opinion of the Court by Donald Earl Johnson. (mg) Modified text on 3/5/2019 (mg). |
| Filing 7 ENTRY OF JUDGMENT re: #6 Order. (xc:Pro se party by regular mail. ) (am) |
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Filing 6
ORDER: Because it appears from his submission that pro se Plaintiff Donald Earl Johnson lacks sufficient financial resources from which to pay the full filing fee in advance, his Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. No. 2) is GRANTED. However, for the reasons set forth in the accompanying Memorandum Opinion, all federal claims asserted in the January 22, 2019 Complaint (Doc. No. 1), as supplemented on January 29, 2019 (Doc. No. 4), are DISMISSED WITH PREJUDICE for failure to state a claim for which relief may be granted. The Court lacks original jurisdiction over the state law claims and DECLINES to exercise supplemental jurisdiction over them under 28 U.S.C. 1367(c)(3). All state law claims are DISMISSED WITHOUT PREJUDICE to Plaintiff's ability to bring them in the appropriate state forum. This case is DISMISSED in its entirety. This is the final order in this action, and the Clerk SHALL enter judgment in accordance with Fed. R. Civ. P. 58. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/13/19. (xc:Pro se party by regular mail. ) (am)
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| Filing 5 MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/13/19. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) |
| Filing 4 SUPPLEMENT filed by Donald Earl Johnson re #1 Complaint. (Note: Plaintiff did not sign form.) (mg) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Donald Earl Johnson. (Note: application not dated.) (mg) |
| Filing 1 COMPLAINT against St. Thomas Hospital, Mid-Town, filed by Donald Earl Johnson.(mg) |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice, Consent form included.) (mg) |
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| Plaintiff: Donald Earl Johnson | |
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| Defendant: St. Thomas Hospital, Mid-Town | |
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