Babino v. Janssen and son et al, No. 4:2017cv04117 - Document 7 (D.S.D. 2017)
Court Description: 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)
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Babino v. Janssen and son et al Doc. 7 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 Dockets.Justia.com
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