Ross v. San Francisco General Hospital

Filing 7

ORDER DISMISSING CASE. Signed by Judge Charles R. Breyer on 9/25/2006. (crblc1, COURT STAFF) (Filed on 9/25/2006) Additional attachment(s) added on 9/25/2006 (be, COURT STAFF).

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Ross v. San Francisco General Hospital Doc. 7 Case 3:06-cv-05601-CRB Document 7 Filed 09/25/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 I N THE UNITED STATES DISTRICT COURT F O R THE NORTHERN DISTRICT OF CALIFORNIA U n it e d United States District Court 11 12 For the Northern District of California L E O N A R D ROSS, P l a i n ti f f , v. S A N FRANCISCO GENERAL HOSPITAL, De fend ant. / N o . C 06-05601 CRB O R D E R OF DISMISSAL 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N o w before the Court is plaintiff's application to proceed in forma pauperis ("IFP"). A court may authorize a plaintiff to prosecute an action in federal court without prepayment o f fees or security if the plaintiff submits an affidavit showing that he or she is unable to pay suc h fees or give security therefor. See 28 U.S.C. 1915(a). Plaintiff has submitted the required documentation, and it is evident from his application that his assets and income are i n s u f f ic i e n t to enable plaintiff to prosecute the action. View ing plaintiff's application in isolation, it appears that she should be allowed to proc eed IFP. A court is under a continuing duty, however, to dismiss a case whenever it d e t e r m in e s that the action "(i) is frivolous or malicious; (ii) fails to state a claim on which r e l ie f may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. 1915(e)(2)(B)(i)-- (iii). // Dockets.Justia.com Case 3:06-cv-05601-CRB Document 7 Filed 09/25/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 Plaintif f's complaint, filed just two days after his unpleasant experience, fails to state a claim against the San Francisco General Hospital. If plaintiff's allegations are true, p l a i n ti f f has good cause to be upset by how he was treated by Hospital staff on September 11 o f this year. The Hospital's challenged conduct, however, does not rise to the level of a v io la ti on of plaintiff's civil rights. According to plaintiff, he left the hospital of his own accord "without incident." The nurse who allegedly shouted at plaintiff even told him where h e could file a complaint with the patient advocate. This is not a federal case. If plaintiff wishe s to pursue this matter further he should file a written grievance with the Hospital's patie nt advocate. For the foregoing reasons, plaintiff's complaint is DISMISSED with prejudice. I T IS SO ORDERED. United States District Court 11 12 For the Northern District of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D a t e d : September 25, 2006 CHARLES R. BREYER U N I TE D STATES DISTRICT JUDGE G:\CRBALL\2006\5601\orderdismissingcase.wpd 2

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