McEachin v. St. Johns Hospital et al
| New York Southern District Court | |
| Judge: | Laura Taylor Swain |
| Case #: | 1:25-cv-02278 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Mar 19, 2025 |
| Case in other court: | New York Eastern, 1:25-cv-00093 |
| Last checked: Wednesday Mar 19, 2025 5:09 PM EDT |
|
Defendant
Bellevue Hospital
|
|
|
Defendant
Jane/John Doe Cardiologist
|
|
|
Plaintiff
Guy McEachin
121 Hell Gate Circle
New York, NY 11370 |
|
| TERMINATED PARTIES | |
|
Defendant
Monty Bodenheimer
Terminated: 03/13/2025
|
|
|
Defendant
St. John's Hospital
Terminated: 03/13/2025
|
|
| Docket last updated: 03/26/2025 11:59 PM EDT |
| Friday, March 21, 2025 | ||
|
misc
Mailing Receipt
Fri 03/21 1:57 PM
MAILING RECEIPT: Document No: 6. Mailed to: Guy McEachin 121 Hell Gate Circle New York, NY 11370. (ne) |
||
| Thursday, March 20, 2025 | ||
| 6 | 6
1
pgs
order
Order Granting IFP Application
Thu 03/20 11:29 AM
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Laura Taylor Swain on 3/20/2025) (sac) |
|
|
misc
Mailing Receipt
Thu 03/20 3:01 PM
MAILING RECEIPT: Document No: 5. Mailed to: Guy McEachin 121 Hell Gate Circle New York, NY 11370. (anc) |
||
| Wednesday, March 19, 2025 | ||
| 5 | 5
order
Standing Order re Cases Filed By Pro Se Plaintiffs
Wed 03/19 4:15 PM
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may[LINK:consent to electronic service] to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for[LINK:permission to file documents electronically] . Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (vba) |
|
| 4 | 4
transfer
Case Transferred In - District Transfer
Wed 03/19 4:12 PM
CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:25-cv-00093. Original file certified copy of transfer order and docket entries received. |
|
|
utility
Case Designated ECF
Wed 03/19 4:12 PM
Case Designated ECF. (vba) |
||
|
notice
Case Opening Initial Assignment Notice - Transfer Case
Wed 03/19 4:12 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
||
|
service
Note Regarding Service on Self-Represented Party
Wed 03/19 4:15 PM
CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see[LINK:Rule 9.2] of the courts ECF Rules & Instructions for further information..(vba) |
||
|
notice
Notice of Case Assignment/Reassignment - Sua Sponte
Wed 03/19 4:54 PM
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
||
| Thursday, March 13, 2025 | ||
| ORDER DISMISSING PARTIES AND TRANSFERRING CASE: On 2/3/2025, the Court ordered plaintiff to show cause why St. John's Hospital, unidentified emergency room doctors at St. John's, and Monty Bodenheimer ("the St. John's defendants") should not be dismissed as defendants and why this action should not be transferred to the Southern District of New York. See 2/3/2025 Order to Show Cause. Plaintiff's response was due by 3/5/2025, and nothing has been filed. For the reasons stated in the Court's order to show cause, the Clerk of Court is respectfully directed to dismiss the St. John's defendants and to transfer this action to the Southern District of New York. The decision on plaintiff's2 application to proceed in forma pauperis is reserved for the transferee court. Rule 83.1 of the Local Rules of the Eastern District of New York, which requires a seven-day delay, is waived. The Clerk of Court is also respectfully directed to mail plaintiff a copy of this order and file proof of mailing on the docket. Ordered by Judge Rachel P. Kovner on 3/13/2025. (IH) [Transferred from New York Eastern on 3/19/2025.] | ||
| Case transferred to Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (IH) [Transferred from New York Eastern on 3/19/2025.] | ||
| Monday, February 03, 2025 | ||
| ORDER TO SHOW CAUSE: Plaintiff?s complaint alleges mistreatment at the hands of various doctors during separate stays at St. John?s Hospital in Far Rockaway and Bellevue Hospital in Manhattan. See 1 Compl. 4?10. He brings this Section 1983 suit, asserting violations of the Eighth and Fourteenth Amendments, against St. John?s Hospital, unidentified emergency room doctors at St. John?s, and Monty Bodenheimer (the ?St. John?s defendants?) as well as Bellevue Hospital and an unidentified cardiologist at Bellevue (the ?Bellevue defendants?). See id. at 2?4. Plaintiff?s claims against the St. John?s defendants appear deficient because plaintiff has not alleged that St. John?s is a state actor. Section 1983 requires a plaintiff to show that the defendant was ?acting under color of state law?; it does not reach ?merely private conduct, not matter how discriminatory or wrongful.? 42 U.S.C. § 1983; American Mfrs. Mut. Ins. Co. v. Sullivan , 526 U.S. 40, 50 (1999) (citation omitted). Private hospitals and their employees are generally not considered state actors for Section 1983 actions. See Anthony v. Med. Staff at Institution , 409 F. Supp. 3d 102, 105 (E.D.N.Y. 2016) (collecting cases); see also Decree v. Episcopal Health Inc. , No. 08-CV-579 (DLI) (LB), 2008 WL 789887, at *2 (E.D.N.Y. Mar. 21, 2008) (dismissing Section 1983 action against St. John?s and several employees because ?there is no allegation that these private defendants acted under color of state law?). If the St. John?s defendants are dismissed, venue as to the remaining Bellevue defendants appears improper in this district. As relevant here, the general venue statute provides that venue is proper in ?a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located? or in ?a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred.? 28 U.S.C. § 1391(b)(1)?(2). All events relevant to plaintiff?s claims against the Bellevue defendants are alleged to have occurred at Bellevue Hospital in Manhattan, which is in the Southern District of New York. See 1 Compl. 5. Accordingly, plaintiff is ordered to show cause by 3/5/2025 why (1) his claims against the St. John?s defendants should not be dismissed for failure to state a claim, and (2) his claims against the Bellevue defendants should not in turn be transferred to the Southern District of New York pursuant to 28 U.S.C. § 1406(a), which provides that a district court where venue is improper may, ?in the interest of justice, transfer such case to any district or division in which it could have been brought.? Failure to respond will likely result in dismissal of the claims against the St. John?s defendants and transfer of the claims against the Bellevue defendants to the Southern District. Ordered by Judge Rachel P. Kovner on 2/3/2025. (AC) [Transferred from New York Eastern on 3/19/2025.] | ||
| Tuesday, January 07, 2025 | ||
| 3 | 3
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (KD) [Transferred from New York Eastern on 3/19/2025.]
|
|
| Monday, January 06, 2025 | ||
| 2 | 2
MOTION for Leave to Proceed in forma pauperis by Guy McEachin. (KD) [Transferred from New York Eastern on 3/19/2025.]
|
|
| 1 | 1
COMPLAINT against Bellevue Hospital, Monty Bodenheimer, Jane/John Doe Cardiologist, St. Johns Hospital, filed by Guy McEachin. (KD) [Transferred from New York Eastern on 3/19/2025.]
|
|
|
Att: 1
Civil Cover Sheet
|
||