Babino v. Janssen and son et al

Filing 7

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)

FILED
UNITED STATES DISTRICT COURT

OCT 1 2 2017

DISTRICT OF SOUTH DAKOTA

'CLERK

SOUTHERN DIVISION

4:17-CV-04117-LLP

LESTER J BABINO JR,

Plaintiff,
ORDER GRANTING MOTION FOR

vs.

LEAVE TO PROCEED IN FORMA

JANSSEN AND SON, PEOPLEASE CORP,
ARCH INSURANCE CORP, SIOUX FALLS
SD
VA
HOSPITAL,
CATHERINE
DUENWALD, ADMINISTRATIVE LAW
JUDGE;

PAUPERIS AND DISMISSING
COMPLAINT WITH PREJUDICE

Defendants.

INTRODUCTION

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).
FACTUAL BACKGROUND

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