Perkins v. Princeton Community Hospital, et al
| Etheloma Renee Perkins |
| Princeton Community Hospital, Behavioral Health Pavillion, Kerry Musick, Anita Waid, Jerry T. Gee and Jenny Stultz |
| 1:2016cv06736 |
| August 5, 2016 |
| US District Court for the Southern District of West Virginia |
| Bluefield Office |
| Mercer |
| Omar J. Aboulhosn |
| David A. Faber |
| Employment |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
38
MEMORANDUM OPINION AND ORDER: Plaintiff's 35 MOTION to Extend Time to File objections is GRANTED and the objections are deemed to be timely filed. Plaintiff's objections are OVERRULED and defendants' 16 MOTION to Dismiss is G RANTED. Insofar as plaintiff's objections seek to reargue issues decided by the court's earlier Memorandum Opinion and Order, those objections are OVERRULED. Signed by Senior Judge David A. Faber on 3/6/2018. (cc: Plaintiff, pro se; attys) (mk)
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Filing
33
MEMORANDUM OPINION AND ORDER: Plaintiff's objections to the 26 Proposed Findings and Recommendation of Magistrate Judge Aboulhosn are SUSTAINED insofar as she argues that the court should order service by the U.S. Marshal and asks for further consideration of her claims against Gee and Stultz. Her objections are OVERRULED in all other respects. Defendants' 16 MOTION to Dismiss is GRANTED in part and DENIED in part as follows: plaintiff's constitutional and Section 1983 claims are DISMISSED. Plaintiff's claims under the Mental Health Bill of Rights are DISMISSED. Plaintiff's claims of medical malpractice and/or negligence claim arising out of her medical care are DISMISSED as well as her claim of deliberate indif ference to her serious medical needs. Plaintiff's False Claims Act claims are DISMISSED. The court RECOMMITS this matter to Magistrate Judge Aboulhosn for consideration of plaintiff's belated request regarding service by the U.S. Marshal an d for reconsideration of whether plaintiff's additional allegations against Gee and Stultz are sufficient under Twombly and Iqbal. Signed by Senior Judge David A. Faber on 7/21/2017. (cc: Plaintiff, pro se, counsel of record and Magistrate Judge Aboulhosn) (arb)
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