Whitfield v. Fresno Community Hospital and Medical Center et al

Filing 6

ORDER DISMISSING CASE signed by District Judge Lawrence J. O'Neill on 04/10/2013. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL WHITFIELD,
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Plaintiff,
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v.
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FRESNO COMMUNITY HOSPITAL
AND MEDICAL CENTER d/b/a
COMMUNITY REGIONAL MEDICAL
CENTER and JON BOOK

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Defendant.

) 1:13-cv-486 LJO GSA
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) ORDER DISMISSING CASE
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Plaintiff, Michael Whitfield, (“Plaintiff”), appearing pro se and in forma pauperis, filed a
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complaint on April 4, 2013, alleging civil rights violations. (Doc. 1). Plaintiff names the
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Community Hospital and Medical Center, d/b/a Community Regional Medical Center (‘the
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hospital”) and Jon Book, a security officer at the hospital as Defendants.
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Specifically, Plaintiff alleges a violation of 42 U.S.C. § 1983 based on an incident that
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occurred on April 18, 2012. He contends that Defendant Book, assaulted him by pushing him
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and throwing him to the floor of the lobby of the hospital. Plaintiff further contends that
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Defendant Book violated his rights to receive medical attention by interfering with his attempts
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to be examined by a doctor. Plaintiffs asserts that Community Medical Center is liable because it
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negligently hired and supervised Defendant Book.
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A review of the Court’s cases reveals that on March 23, 2013, prior to filing the instant

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case, Plaintiff also filed a complaint describing the same incidents of April 18, 2012, and alleges

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the same causes of action against the Defendants named in this action. See, Whitfield v. Fresno

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Community Hospital and Medical Center, 13-cv-442 LJO-BAM. Since the instant complaint is

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duplicative of the other complaint previously filed by Plaintiff, it is hereby ordered that the

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instant complaint is dismissed without leave to amend.

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The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.

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Dated:

April 10, 2013

/s/ Lawrence J. O'Neill
66h44d
UNITED STATES DISTRICT JUDGE

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