Cole v. Tuality Community Hospital
Filing
7
ORDER: The Court ADOPTS Magistrate Judge Stewart's Findings andRecommendation 4 and, accordingly, DENIES Plaintiff's Application to Proceed In Forma Pauperis and DISMISSES Plaintiff's Complaint with prejudice. Signed on 1/12/2009 by Judge Anna J. Brown. (See formal order, 3-pages) (ecp)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
WILMA LEAH COLE, Plaintiff, v. TUALITY COMMUNITY HOSPITAL and D. GUNDRY, Defendants WILMA LEAH COLE P.O. Box 524 Aloha, OR 97006 (503) 747-4927 Plaintiff Pro Se1
08-CV-1412-ST ORDER
Magistrate Judge Janice M. Stewart issued Findings and Recommendation before Plaintiff served the Complaint. Accordingly, there is no defense counsel of record at this time. 1- ORDER
1
BROWN, Judge. Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#4) to Grant In Forma Pauperis and to Dismiss on December 5, 2008, in which she recommends the Court sua sponte dismiss Plaintiff Wilma Leah Cole's Complaint for lack of subject-matter jurisdiction on the ground that there is not complete diversity between Plaintiff and Defendants Tuality Community Hospital and D. Gundry as required by 28 U.S.C. § 1332. Plaintiff filed Objections to the Findings and Recommendation. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1). See also United States v. Reyna-
Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc); United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988). This
Court has reviewed the pertinent portions of the record de novo and does not find any error in the Magistrate Judge's Findings and Recommendation. The Court, however, must permit a pro se litigant the opportunity to correct the deficiencies of her complaint unless it is clear those deficiencies cannot be cured by amendment. See
Karim-Panahi v. Los Angeles Police Dep't, 839 F.2d 621, 623 (9th 2- ORDER
Cir. 1988). Cir. 1987).
See also Noll v. Carlson, 809 F.2d 1446, 1447 (9th
Plaintiff brought this action in federal court on the basis that the Court has diversity jurisdiction. In her Objections,
however, she states all of the parties live in Washington County, Oregon. Complete diversity, therefore, does not exist between Accordingly, the Court concludes the deficiencies See
the parties.
in Plaintiff's Complaint cannot be cured by amendment. Karim-Panahi, 839 F.2d at 623. the case.
The Court, therefore, dismisses
CONCLUSION The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation (#4) and, accordingly, DENIES Plaintiff's Application to Proceed In Forma Pauperis and DISMISSES Plaintiff's Complaint with prejudice. IT IS SO ORDERED. DATED this 12th day of January, 2009.
/s/ Anna J. Brown ________________________ ANNA J. BROWN United States District Judge
3- ORDER
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