Porter, Christine v. Goodsett, James et al

Filing 6

ORDER dismissing this case without prejudice to plaintiff's refiling her claims in state court. Signed by District Judge Barbara B. Crabb on 3/31/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CHRISTINE PORTER,
ORDER
Plaintiff,
11-cv-823-bbc
v.
JAMES GOODSETT, PAUL HICKS,
PHILIP KURLEY, GUPTA PANKHA,
ROD PETERSON, DR. ROWE,
JAMES SEHLOFF and L. WILLIAMS,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff Christine Porter has brought this civil action alleging that defendant doctors
harmed her by prescribing her various drugs. This is the third time plaintiff has attempted to
bring this lawsuit in this court. Twice before, in cases 08-cv-635-bbc or 11-cv-119-bbc, I have
dismissed plaintiff’s medical malpractice claims because they are state law claims that do not
belong in this court. (A search of Wisconsin’s online court access database fails to show that
plaintiff has attempted to litigate this action in state court.) As with her previous cases, plaintiff
makes no attempt to show that diversity jurisdiction applies by indicating that all defendants
are citizens of states other than the one of which she is a citizen and that she seeks more than
$75,000 in damages. Accordingly, in keeping with the actions taken in the previous two cases
I will dismiss this case.
I note that plaintiff adds, “The attory need you to ver ride the statute 08-cv-635-bbc.”

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Although it is not entirely clear what point plaintiff is trying to make, from her previous cases
I am aware that she has sought the help of private attorneys. I encourage her to continue those
efforts, but there is nothing in her current complaint that leads me to a different conclusion from
the one I reached in her previous cases.

ORDER
IT IS ORDERED that this case is DISMISSED without prejudice to plaintiff Christine
Porter’s refiling her claims in state court.
Entered this 31st day of January, 2012.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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