Hosea v. Memorial Medical Center, No. 3:2014cv03299 - Document 19 (C.D. Ill. 2015)

Court Description: OPINION entered by Judge Sue E. Myerscough on 10/16/2015. Defendant Memorial Medical Center's Amended Motion to Dismiss, d/e 15 is GRANTED. Defendant Memorial Medical Center's Motion to Dismiss, d/e 14 is DENIED AS MOOT. Plaintiff Jason Hosea's Amended Complaint is DISMISSED WITH PREJUDICE. This case is CLOSED. (MAS, ilcd)
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Hosea v. Memorial Medical Center Doc. 19 E-FILED Friday, 16 October, 2015 04:39:05 PM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION JASON HOSEA, Plaintiff, v. MEMORIAL MEDICAL CENTER, Defendant. ) ) ) ) ) ) ) ) ) 14-cv-03299 OPINION SUE E. MYERSCOUGH, U.S. District Judge: Plaintiff Jason Hosea, pro se, has filed suit under 42 U.S.C. § 1983 against Memorial Medical Center of Springfield, Illinois, and unknown security guards and nurses working at Memorial Medical Center for alleged racial discrimination in their treatment of Hosea, a black man, while he visited his aunt in the hospital. On November 11, 2014, Defendants filed a Motion to Dismiss Plaintiff’s suit (d/e 8), based on the allegations in Plaintiff’s original Complaint (d/e 1). On August 21, 2015, this Court issued an Opinion granting Defendants’ motion, dismissing Plaintiff’s complaint without prejudice, and directing Plaintiff to file an amended complaint if he chooses (d/e 12). On August 27, 2015, Page 1 of 3 Dockets.Justia.com Plaintiff filed an Amended Complaint (d/e 13). On September 9, 2015, Defendant filed a Motion to Dismiss for Failure to State a Claim (d/e 14) and an Amended Motion to Dismiss for Failure to State a Claim (d/e 15). The Court dismissed Plaintiff’s original Complaint because Plaintiff did not state allegations sufficient to show he had a claim against the Defendants either under 42 U.S.C. § 1983 or Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d. The Court directed Plaintiff to file an amended complaint if he so chose to give Plaintiff an opportunity to allege additional acts to support a claim under either statute. Plaintiff’s Amended Complaint only restates the same allegations from his original complaint, without adding any new allegations. The Court has given Plaintiff two opportunities to plead allegations sufficient to support a claim, and he has not done so. I. CONCLUSION For the forgoing reasons, the Court adopts the facts, relevant law, and findings of its August 21, 2015 Opinion. Defendant Memorial Medical Center’s Amended Motion to Dismiss (d/e 15) is Page 2 of 3 GRANTED. Defendant Memorial Medical Center’s Motion to Dismiss (d/e 14) is DENIED AS MOOT. Plaintiff Jason Hosea’s Amended Complaint is DISMISSED WITH PREJUDICE. This case is CLOSED. IT IS SO ORDERED. ENTER: October 16, 2015 FOR THE COURT: s/ Sue E. Myerscough SUE E. MYERSCOUGH UNITED STATES DISTRICT JUDGE Page 3 of 3