Stewart v. Perry et al

Filing 54

ORDER pursuant to the Court's Memorandum Opinion 53 . Defendant Singing River Hospital System's motion 36 to dismiss granted in part; denied in part. Plaintiff's state law claims against Singing River, if any, are dismissed; Plain tiff's section 1983 claims against Singing River are denied; the parties shall bear their respective costs relative to this motion. Signed by District Judge Walter J. Gex, III on January 14, 2009. (Gex, Kathleen) Modified on 2/11/2009 (Gex, Kathleen).

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION

TANYA DENISE STEWART VERSUS JOHNNIE MAE PERRY, et al. ORDER

PLAINTIFF CIVIL ACTION NO. 1:07cv1270WJG-JMR DEFENDANTS

THIS MATTER is before the Court on motion [36] of Defendant Singing River Hospital System, [Singing River], to dismiss this cause pursuant to Federal Rule of Civil Procedure 12(b)(6). In accordance with the Memorandum Opinion entered in this cause, this date, incorporated herein by reference, it is therefore, ORDERED AND ADJUDGED that Defendant's motion to dismiss [36] be, and is hereby, granted in part and denied in part. It is further, ORDERED AND ADJUDGED that all claims advanced under state law against Singing River, if any, be, and are hereby, dismissed with prejudice. It is further, ORDERED AND ADJUDGED that the motion to dismiss claims advanced under Section 1983 against Singing River, be and are hereby, denied. It is further, ORDERED AND ADJUDGED that each party bear their respective costs associated with this motion. SO ORDERED AND ADJUDGED, this the 14th day of January, 2009.

UNITED STATES SENIOR DISTRICT JUDGE
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