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Griffin v. Pasqual

United States District Court, N.D. New York

April 30, 2015

MANDI T. GRIFFIN, Plaintiff,
v.
EVELYN PASQUAL and STEVE PASQUAL, [1] Geraldine Pediatric Care, Defendants.

MANDI T. GRIFFIN, Bedford Hills Correctional Facility, Bedford Hills, New York, Plaintiff pro see.

DECISION AND ORDER

MAE A. D'AGOSTINO, District Judge.

I. INTRODUCTION

Plaintiff, an inmate currently in the custody of the New York State Department of Corrections and Community Supervision ("DOCCS"), commenced this action on August 20, 2014. See Dkt. No. 1. Plaintiff brings this action pursuant to 42 U.S.C. § 1983, alleging that Defendants, as the owners of Geraldine Pediatric Care, located in Los Angeles County, California, contributed to the untimely death of her daughter, V.G. Id. at 7. Plaintiff alleges that Defendants discharged V.G. from their facility after a change in her healthcare insurance, and upon her discharge, failed to notify Plaintiff that V.G. had been "winged off"[2] her seizure medication and thus acted with deliberate indifference towards V.G. Id. at 8. In an Order and Report-Recommendation, Magistrate Judge Baxter granted Plaintiff's motion to proceed in forma pauperis ("IFP") for the purposes of filing only, and recommended that the Court dismiss the complaint with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(ii). See Dkt. No. 4. On October 14, 2014, pursuant to an Order of this Court granting a 30-day extension, Plaintiff filed her objections to Magistrate Judge Baxter's Order and Report-Recommendation. See Dkt. No. 7.

II. BACKGROUND

On March 13, 2006, after a trial by jury in Jefferson County Court (Kim H. Martusewicz, J.), Plaintiff was convicted of "murder in the second degree, manslaughter in the first degree, assault in the second degree, and endangering the welfare of a child, " relating to the death of her daughter. People v. Griffin, 48 A.D.3d 1233, 1233 (4th Dep't 2008).[3] More than eight years later, Plaintiff filed suit in this Court on August 20, 2014, against the owners of the healthcare facility where Plaintiff's daughter was treated prior to her death. Dkt. No. 1. In an attachment to her complaint, under Plaintiff's first cause of action, she alleges that Defendants discharged her daughter V.G. after her health insurance changed "from Medical to Tricare." Id. at 7. Plaintiff further alleges that Defendants called her and told her that "they were going to contact social services and terminate [her] parental rights; their angle was abandonment." Id. Plaintiff alleges that Defendants were aware at this time that she was relocating to New York and trying to find military housing, as well as the "proper adaptive equipment that is necessary for [V.G.'s] survival." Id. In Plaintiff's second cause of action she claims that Defendants acted with deliberate indifference towards V.G. by failing to wean V.G. off of her seizure medication, thus putting her at risk. Id. at 7-8. Finally, in her third cause of action, Plaintiff contends that Defendants never trained her to properly care for her daughter and that she "never received any certification for caring for [her] daughter's specific condition." Id. at 8-9.

A. Magistrate Judge Baxter's Order and Report-Recommendation

In an Order and Report-Recommendation, Magistrate Judge Baxter recommended to the Court that Plaintiff's complaint be dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(ii). Dkt. No. 4. In his Order and Report-Recommendation, Magistrate Judge Baxter listed various grounds upon which Plaintiff's complaint should be dismissed. See id. Magistrate Judge Baxter found that, although Plaintiff brings her claim pursuant to 42 U.S.C. § 1983, the named Defendants are private parties who own a privately operated healthcare corporation, and thus Plaintiff failed to show that Defendants "violated [her] rights under either the Constitution or laws of the United States, [or] that the defendant acted under color of state law.'" Id. at 6 (quoting Rae v. City of Suffolk, 693 F.Supp.2d 217, 223 (E.D.N.Y. 2010)). Magistrate Judge Baxter found that, although Plaintiff's claim may be heard in federal court based on diversity jurisdiction, the Northern District of New York is not the proper venue in which to bring these causes of action. See id. at 8-9 ("Neither of the defendants in this case reside in this district, none of the conduct that forms the basis of plaintiff's claims occurred in this district, and neither defendant appears to be subject to service in the Northern District of New York").

Furthermore, Magistrate Judge Baxter found that even if Plaintiff's case were transferred to a California district court, the Central District of California being the proper venue, the claims would still fail because they do not comply with the applicable statute of limitations set in the State of California for any state claims that would arise. Id. at 9. Magistrate Judge Baxter noted that for a personal injury claim, the statute of limitations is set at two years, and a claim for professional negligence has an applicable statute of limitations of "three years from injury or one year from the date that plaintiff discovered or should have discovered the injury with due diligence." Id. at 9-10 ("Even using the 2006 conviction date as the date of accrual, the statute of limitations has long since run. The California statutory tolling provision would not apply in plaintiff's case because she is serving a sentence of 22 years to life imprisonment, and the tolling provision specifically states that it does not apply to a inmate serving a life sentence"). Additionally, Magistrate Judge Baxter found that equitable tolling of the statute of limitations would not be appropriate in this case because "Plaintiff's claims that individuals in a facility engaged in some allegedly negligent conduct, prior to 2006, causing some unspecified risk' to plaintiff's child is not the type of factual basis that would cause a court to extend the statute of limitation based on equitable tolling." Id. at 12.

Finally, Magistrate Judge Baxter found that although an inquiry into the merits of this case is not necessary based on the other grounds for dismissal, Plaintiff's claim also fails because, "under California law, the defendant's negligence must be the proximate cause of a personal injury or wrongful death, '" which Plaintiff has not shown. Id. Magistrate Judge Baxter did not credit Plaintiff's attempt to blame Defendants for their alleged failure to wean V.G. off of certain medications or their alleged failure to instruct Plaintiff on how to properly care for her daughter, as a viable proximate cause contributing to the death of her daughter. Id. ("Since plaintiff was convicted of murdering her child, this attempt to blame another for plaintiff's actions is completely meritless").

B. Plaintiff's Objections

Plaintiff timely filed objections to Magistrate Judge Baxter's Order and Report-Recommendation. See Dkt. No. 7. In her objections, Plaintiff lists reasons as to why Magistrate Judge Baxter's recommendations should not be accepted by the Court. Id. Plaintiff states that she should have the right to amend or replead her claims, pursuant to 28 U.S.C. § 1653 and Rule 8 of the Federal Rules of Civil Procedure due to the fact that she is a pro se litigant. Dkt. No. 7 at 1-2. Plaintiff also objects to the Order and Report-Recommendation dismissing her complaint on the grounds that the Defendants were not formally served and, therefore, she should be permitted to amend. Id. at 2. In her objections, Plaintiff then requests that the Court transfer the matter to a California district court for a decision on the merits of her claims. See id. at 3 ("Therefore, determination of a baseless, frivolous, malicious, blame claim must be made by California Courts as the De Novo standard applies").

III. DISCUSSION

When a party files specific objections to a magistrate judge's report-recommendation, the district court makes a " de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). However, when a party files "[g]eneral or conclusory objections or objections which merely recite the same arguments [that he presented] to the magistrate judge, " the court reviews those recommendations for clear error. O'Diah v. Mawhir, No. 9:08-CV-322, 2011 WL 933846, *1 (N.D.N.Y. Mar. 16, 2011) (citations and footnote omitted). After the ...


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