Babino v. Janssen and son et al
ORDER granting 3 Motion for Leave to Proceed in forma pauperis; denying as moot 4 Motion to Appoint Counsel and dismissing complaint with prejudice.Signed by U.S. District Judge Lawrence L. Piersol on 10/12/17. (DJP)
UNITED STATES DISTRICT COURT
OCT 1 2 2017
DISTRICT OF SOUTH DAKOTA
LESTER J BABINO JR,
ORDER GRANTING MOTION FOR
LEAVE TO PROCEED IN FORMA
JANSSEN AND SON, PEOPLEASE CORP,
ARCH INSURANCE CORP, SIOUX FALLS
DUENWALD, ADMINISTRATIVE LAW
PAUPERIS AND DISMISSING
COMPLAINT WITH PREJUDICE
Lester Babino filed a pro se complaint against several defendants.(Docket I). In his civil
coversheet, Babino identifies the nature of his claims as a personal injury involving a motor
vehicle and the False Claims Act.(Docket 2). Babino's complaint, however, alleges judicial
misconduct, legal malpractice, denial of right to counsel, denial of due process, and failure to
review all medical records.(Docket 1). Babino seeks $900,000 in monetary damages.Id. Babino
moves for leave to proceed in forma pauperis in his lawsuit against defendants.(Docket 3).
Babino also moves to appoint counsel.(Docket 4).
Babino's complaint consists of the following: a letter he sent to Chief Justice David
Gilbertson; progress notes from Sioux Falls VA physician's assistant Michelle Healy from July
3, 2007; radiology reports written by the Sioux Falls VA Dr. M.J. Kihne on March 23, 2008; an
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