Franklin v. L.C. Drake Hospital et al
| Ohio Southern District Court | |
| Judge: | Jeffery P Hopkins |
| Referred: | Karen L Litkovitz |
| Case #: | 1:24-cv-00611 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1981 Civil Rights |
| Case Filed: | Oct 25, 2024 |
| Terminated: | Dec 12, 2024 |
| Last checked: Wednesday Dec 11, 2024 6:10 AM EST |
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Defendant
Christian Care Nursing
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Defendant
Good Samaritan Hospital
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Defendant
Mercy West Hospital I.C.U.
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Represented By
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Defendant
Rev. Jos. R. Garr
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Defendant
U.C. Drake Hospital
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Represented By
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Defendant
U.C. Hospital
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Represented By
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Plaintiff
Queen Charlotte Franklin
4251 Hamilton Ave.
Cincinnati, OH 45223 |
GPO
Nov 06 2024
REPORT AND RECOMMENDATION - IT IS RECOMMENDED THAT: 1) The complaint be DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B). 2) The Court certify pursuant to 28 U.S.C. § 1915(a) that for the foregoing reasons an appeal of any Order adopting this Report and Recommendation would not be taken in good faith and therefore deny Ms. Franklin leave to appeal in forma pauperis. Ms. Franklin remains free to apply to proceed in forma pauperis in the Court of Appeals. Signed by Magistrate Judge Karen L. Litkovitz on 11/6/2024. (kev)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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GPO
Dec 12 2024
ORDER ADOPTING REPORT AND RECOMMENDATIONS: It is hereby ORDERED that the Complaint be DISMISSED with prejudice for failure to state a claim on which relief may be granted. Additionally, Defendant Mercy West Hospital, I.C.U.'s Motion to Dismiss is DENIED AS MOOT. For the reasons stated in the Report and Recommendation and pursuant to 28 U.S.C. § 1915(a)(3), the Court certifies that an appeal of this Order would lack an arguable basis in law or in fact and thus would not be taken in good faith. The Court accordingly DENIES Plaintiff leave to appeal in forma pauperis. In accordance with Fed. R. App. P. 24(a)(5), Plaintiff remains free to file a motion for leave to proceed on appeal in forma pauperis in the Sixth Circuit Court of Appeals. Signed by Judge Jeffery P. Hopkins on 12/12/2024. (kmc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Docket last updated: 02/10/2025 11:59 PM EST |
| Friday, February 07, 2025 | ||
| 17 | 17
motion
Strike
Fri 02/07 10:23 AM
[This document was inadvertently filed and has been restricted. The party will file in the correct case]. First MOTION to Strike15 USCA Appeal Fees,14 Notice of Appeal by Defendant Mercy West Hospital I.C.U.. (Uhl, Judd) Modified text and security on 2/7/2025 (kev) |
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| Thursday, February 06, 2025 | ||
| 16 | 16
appeal
USCA Case Number
Fri 02/07 10:15 AM
USCA Case Number 25-3075 for14 Notice of Appeal filed by Queen Charlotte Franklin; Gretchen S. Abruzzo, Case Manager (513-564-7018). (kh) |
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| Friday, January 31, 2025 | ||
| 15 | 15
appeal
USCA Appeal Fees
Mon 02/03 9:53 AM
USCA Appeal Fees received $ 605 receipt number 100005080 re14 Notice of Appeal filed by Queen Charlotte Franklin (kev) |
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| 14 | 14
appeal
Notice of Appeal
Mon 02/03 9:52 AM
NOTICE OF APPEAL re12 Clerk's Judgment, (Filing fee has been paid, receipt number 100005080) by Plaintiff Queen Charlotte Franklin. (kev) |
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| Friday, January 03, 2025 | ||
| 13 | 13
notice
Notice (Other)
Fri 01/03 3:34 PM
NOTICE by Plaintiff Queen Charlotte Franklin (kev) |
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| Thursday, December 12, 2024 | ||
| 12 | 12
order
Judgment - Clerk
Thu 12/12 4:28 PM
CLERK'S JUDGMENT affirming11 Order Adopting4 Report and Recommendation. Signed by Judge Jeffery P. Hopkins on 12/12/2024. (kmc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| 11 | 11
3
pgs
order
Order Adopting Report and Recommendations
Thu 12/12 4:27 PM
ORDER ADOPTING REPORT AND RECOMMENDATIONS: It is hereby ORDERED that the Complaint be DISMISSED with prejudice for failure to state a claim on which relief may be granted. Additionally, Defendant Mercy West Hospital, I.C.U.'s Motion to Dismiss is DENIED AS MOOT. For the reasons stated in the Report and Recommendation and pursuant to 28 U.S.C. § 1915(a)(3), the Court certifies that an appeal of this Order would lack an arguable basis in law or in fact and thus would not be taken in good faith. The Court accordingly DENIES Plaintiff leave to appeal in forma pauperis. In accordance with Fed. R. App. P. 24(a)(5), Plaintiff remains free to file a motion for leave to proceed on appeal in forma pauperis in the Sixth Circuit Court of Appeals. Signed by Judge Jeffery P. Hopkins on 12/12/2024. (kmc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| 10 | 10
motion
Proceed In Forma Pauperis
Thu 12/12 12:12 PM
MOTION for Leave to Proceed in forma pauperis by Plaintiff Queen Charlotte Franklin. (kev) |
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| Saturday, December 07, 2024 | ||
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notice
Notice (Other)
Mon 12/09 7:51 AM
NOTICE TO PRO SE PLAINTIFF UPON FILING BY DEFENDANT(S) OF MOTION TO DISMISS (kev)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Friday, December 06, 2024 | ||
| 8 | 8
notice
Notice of Appearance
Fri 12/06 4:23 PM
NOTICE of Appearance by Judd R Uhl for Defendant Mercy West Hospital I.C.U. (Uhl, Judd) |
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| 7 | 7
motion
Dismiss
Fri 12/06 4:10 PM
MOTION to Dismiss by Defendant Mercy West Hospital I.C.U.. (Uhl, Judd) |
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| Friday, November 15, 2024 | ||
| 6 | 6
respoth
Objection to Report and Recommendations
Fri 11/15 2:44 PM
Objection to decision by Plaintiff Queen Charlotte Franklin. (kev) |
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| Thursday, November 07, 2024 | ||
| 5 | 5
motion
Dismiss
Thu 11/07 4:59 PM
First MOTION to Dismiss Plaintiff's Complaint by Defendants U.C. Drake Hospital, U.C. Hospital. (Paliobeis, Bill) |
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| Wednesday, November 06, 2024 | ||
| 4 | 4
motion
Report and Recommendations
Thu 11/07 8:49 AM
REPORT AND RECOMMENDATION - IT IS RECOMMENDED THAT: 1) The complaint be DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B). 2) The Court certify pursuant to 28 U.S.C. § 1915(a) that for the foregoing reasons an appeal of any Order adopting this Report and Recommendation would not be taken in good faith and therefore deny Ms. Franklin leave to appeal in forma pauperis. Ms. Franklin remains free to apply to proceed in forma pauperis in the Court of Appeals. Signed by Magistrate Judge Karen L. Litkovitz on 11/6/2024. (kev)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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cmp
Complaint
Thu 11/07 8:48 AM
COMPLAINT with JURY DEMAND against Christian Care Nursing, Good Samaritan Hospital, Mercy West Hospital I.C.U., Rev. Jos. R. Garr, U.C. Drake Hospital, U.C. Hospital, filed by Queen Charlotte Franklin. (kev) |
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| 2 | 2
1
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Thu 11/07 8:43 AM
ORDER granting1 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Karen L. Litkovitz on 11/6/2024. (kev)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Friday, October 25, 2024 | ||
| 1 | 1
motion
Proceed In Forma Pauperis
Fri 10/25 1:34 PM
MOTION for Leave to Proceed in forma pauperis by Plaintiff Queen Charlotte Franklin. (kev) |
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Att: 1
4 pgs
Complaint,
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Att: 2
Civil Cover Sheet
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