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Ouellette v. Desjardins

United States District Court, D. Maine

December 31, 2014

DANIEL A. OUELLETTE, Plaintiff
v.
GUY DESJARDINS, et als., Defendants

DANIEL A OUELLETTE, Plaintiff, Pro se, LEWISTON, ME.

For GUY DESJARDINS, LANE FELDMAN, JOHN LEBEL, JEFF CHUTE, Defendants: JOHN J. WALL, III, LEAD ATTORNEY, MONAGHAN LEAHY, LLP, PORTLAND, ME.

For CORIZON MEDICAL SERVICES, DR GEORGE STOCKWELL, RN MCDAUGHNA, ROBERT CAREY, RN DIANA NORTH, Defendants: ROBERT C. HATCH, THOMPSON & BOWIE, LLP, PORTLAND, ME.

RECOMMENDED DECISION ON MOTIONS TO DISMISS

John C. Nivison, United States Magistrate Judge.

This matter is before the Court on the Motion to Dismiss of Defendants Corizon Medical Services, Dr. George Stockwell, Cindy McDonough, Robert Carey, and Dianne North (ECF No. 10) and the Motion to Dismiss of Guy Desjardins, Jeff Chute, Lane Feldman and John Lebel (ECF No. 13).[1] Through their motions, Defendants maintain that Plaintiff has not stated a claim upon which relief can be granted, and that Plaintiff's claim is barred by the doctrine of res judicata.

As explained below, following a review of the pleadings, and after consideration of the written argument, the recommendation is that the Court grant the motions.

Factual Background

Plaintiff filed his Complaint on July 1, 2014. In his factual statement, Plaintiff asserts:

Medical/Mental Health Services Denied, provided, withdrawn, fraudulent charges, Prescription Co-Pay for Non-Prescription Items, theft from accounts without informed consent or Receipt. Retaliation and coercion in Medically Justified Restrictions resulting in Isolation, Restriction, Deprivation of Disabled Persons with Services Mental Illness and exempt from Charges by law and member of a Protected Class.

Plaintiff previously[2] filed two actions setting forth similar claims.

1. Prior Maine Superior Court Action

In a Maine Superior Court action against Guy Desjardins, et al., Plaintiff asserted:

1. Violation of the A.M.H.I. Class, Consent Decrees Rights of Recipients of Mental Health Services, Section 3., Basic Rights, as outlined in Title 34-B MRSA Section 3003.
2. Fraud and Theft by Unauthorized Taking, by listing nonprescription medication as prescription and assigning a prescription co-pay thereby providing fraudulent ...

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