United States District Court, D. Maine
ORDER ON ALL PENDING MOTIONS
GEORGE Z. SINGAL, District Judge.
1. Application To Proceed In Forma Pauperis
Before the Court are Plaintiff Alla Iosifovna Shuper's Applications to Proceed In Forma Pauperis (ECF Nos. 4, 11 & 15). The Court hereby GRANTS Plaintiff leave to proceed in forma pauperis in this action.
2. Motion To Change The Name Of The Defendant
Also before the Court is Plaintiff Shuper's Motion to Change the Name of the Defendant (ECF No. 18 & 19) to Dr. Joseph Wight, Jr., M.D., which is GRANTED.
3. Motions For Reconsideration
Also before the Court are the Motion for Reconsideration (ECF No. 3) and the Motion to Amend the Motion for Reconsideration (ECF No. 5). Both of these Motions pertain to the Court's proceed in forma pauperis in each of her docketed cases. (See Order (ECF No. 2).) In light of the Court's decision to grant Plaintiff's request to proceed in forma pauperis, the Court finds both of these requests for reconsideration (ECF Nos. 3 & 5) MOOT. The Court notes that similar motions for reconsideration were filed in each of Plaintiff's then twenty-four cases.
3. Appeal To The Chief Judge
Plaintiff Shuper has also filed an Appeal to the Chief Judge (ECF No. 6). To the extent that Plaintiff Shuper is appealing the Court's November 18, 2014 Order to the Chief Judge, there is no such right to appeal to the Chief Judge, and it is therefore DENIED. As with the Motion for Reconsideration and the Motion to Amend the Motion for Reconsideration, pro se Plaintiff Shuper's Appeal to the Chief Judge was filed in each of her then twenty-four cases.
4. Change In Pro Se Filing Status
Plaintiff Shuper has also filed a Motion to Accept the Change in Pro Se Filing, thereby requesting that she be permitted to file documents manually rather than electronically (ECF No. 8). The Court GRANTS the Motion, which has also been filed in each of her cases.
5. Review Of The Complaint Under 28 U.S.C. § 1915(e)(2)
Upon the Court's review of the Complaint, the Court concludes that the case must be dismissed in accordance with 28 U.S.C. § 1915(e)(2). Through the handwritten Complaint, Plaintiff Shuper attempts to bring a case against Dr. Joseph Wight, Jr., Maine Medical Center and Maine Cardiology Association. The Complaint alleges that Dr. Wight misdiagnosed Plaintiff Shuper and prescribed the wrong medications. (Compl. (ECF No. 1) ¶ 1-4.)
The Complaint further alleges that Dr. Wight intimidated her after she was advised by a different doctor to seek a procedure from Dr. Wight or his office. (Id. ¶ 5.) Specifically, the Complaint alleges that Plaintiff Shuper called Dr. Wight's office to schedule an appointment and was kept on the call for such a long period of time that she missed her bus, and when she called again, she was unable to obtain an appointment within her preferred period of time. (Id. ¶¶ 5.1, 5.2.) Thereafter, Plaintiff Shuper was able to obtain an appointment on the next business day, and when she called again, she was advised to go to the Emergency Room. (Id. ¶¶ 5.3-5.5.) At the appointment, the Complaint alleges that the procedure was performed by the technician and took only ten minutes. (Id. ¶ 5.7.) The Complaint further alleges that when the doctor arrived, he gave Plaintiff Shuper a speech and did not ask her questions. (Id. ¶¶ 5.8, 5.9.) Plaintiff Shuper then left the office, saying that she was not going to be his patient. (Id. ¶ 5.10.) Plaintiff Shuper was later seen by a different doctor who performed the procedure, but she remains anxious. (Id. ¶ 5.11.) The Complaint alleges that Plaintiff Shuper was "kicked out" of the office, even though a different doctor ...