This case was last updated from PACER on 02/04/2020 at 08:52:27 (UTC).

Franson v. US Dept. of Veterans Affairs et al

Case Summary

On 12/06/2019 Franson filed a Personal Injury - Medical Malpractice lawsuit against US Dept of Veterans Affairs. This case was filed in U.S. District Courts, Oregon District. The Judge overseeing this case is John V. Acosta. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:19-CV-01983

  • Filing Date:

    12/06/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

  • Court:

    U.S. District Courts

  • Courthouse:

    Oregon District

Judge Details

Presiding Judge

John V. Acosta

 

Party Details

Plaintiff

James W Franson, II

Portland, OR 97232

Defendants

Daniel Hoonyul Bang

US Dept. of Veterans Affairs

 

Court Documents

#11

(#11) ORDER - No party having made objections, this Court follows the recommendation of the Advisory Committee and reviews Magistrate Judge Acosta's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accordingly, the Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation, ECF #6 . Plaintiffs Complaint (ECF #2 ) is dismissed with leave to amend within 30 days. Signed on 1/27/2020 by Judge Michael H. Simon. (Mailed to Pro Se party on 1/27/2020.) (mja) (Entered: 01/27/2020)

#9

(#9) Motion for Extension of Time to File Amended Complaint. Filed by James W Franson, II. (jn) . (Entered: 01/21/2020)

#6

(#6) Findings & Recommendation: Based on the foregoing, Plaintiff's Complaint (ECF No. #2 ) should be DISMISSED. Any pending motions should be DISMISSED as MOOT. The court recommends that the district judge dismiss Plaintiff's complaint with leave to amend within 30 days of the district judge's order of dismissal to file an amended complaint curing the deficiencies noted above. The court further recommends that the district judge advise Plaintiff that failure to file an amended complaint which cures the deficiencies noted shall result in the dismissal of this proceeding, with prejudice. SCHEDULING ORDER: The Court will refer its Findings and Recommendation to a district judge. Objections, if any, are due fourteen (14) days from service of the Findings and Recommendation. If no objections are filed, the Findings and Recommendation will go under advisement on that date. If objections are filed, a response is due fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. IT IS SO ORDERED. DATED this 7th day of January, 2020 by United States Magistrate Judge John V. Acosta. (Mailed to Pro Se party on 1/7/2020.) (pjg) (Entered: 01/07/2020)

#4

(#4) ORDER by Judge Acosta - GRANTING Motion for Leave to Proceed in Forma Pauperis #1 signed on 1/3/2020 (Mailed to Pro Se party on 1/3/2020.) (pjg) (Entered: 01/03/2020)

#3

(#3) Notice of Case Assignment: This case is assigned to Magistrate Judge John V. Acosta. (Mailed to Pro Se party on 12/9/2019.) (joha) (Entered: 12/09/2019)

2 #1

Civil Cover Sheet

#2

(#2) Complaint. Jury Trial Requested: Yes. Filed by James W Franson, II against All Defendants (Attachments: #1 Civil Cover Sheet). (joha) (Entered: 12/09/2019)

#1

(#1) Application for Leave to Proceed IFP. Filed by James W Franson, II. (joha) (Entered: 12/09/2019)

 

Docket Entries

  • 01/29/2020
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  • Docket(#12) ORDER by Judge Acosta - Based on Order #11 dated 1/27/2020, plaintiff has 30 days to amend the complaint. Therefore, Plaintiff's Motion for Extension of Time #9 is terminated as moot. Amended complaint to be filed by 2/27/2020. (Mailed to Pro Se party on 1/29/2020.) (pjg) (Entered: 01/29/2020)

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  • 01/27/2020
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  • Docket(#11) ORDER - No party having made objections, this Court follows the recommendation of the Advisory Committee and reviews Magistrate Judge Acosta's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accordingly, the Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation, ECF #6 . Plaintiffs Complaint (ECF #2 ) is dismissed with leave to amend within 30 days. Signed on 1/27/2020 by Judge Michael H. Simon. (Mailed to Pro Se party on 1/27/2020.) (mja) (Entered: 01/27/2020)

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  • 01/22/2020
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  • Docket(#10) ORDER by Judge Acosta - DEFERRING Ruling on Motion for Extension of Time #9 until a final ruling is made regarding Finding & Recommendation #6 . (Mailed to Pro Se party on 1/22/2020.) (pjg) (Entered: 01/22/2020)

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  • 01/21/2020
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  • Docket(#9) Motion for Extension of Time to File Amended Complaint. Filed by James W Franson, II. (jn) . (Entered: 01/21/2020)

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  • 01/07/2020
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  • Docket(#8) Clerk's Notice of Mailing to James W. Franson II, 1631 NE Broadway St., #434, Portland, OR 97232 regarding Order referring Findings & Recommendation 7 , and Findings & Recommendation #6 . (pjg) (Entered: 01/07/2020)

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  • 01/07/2020
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  • Docket(#7) Order by Judge Acosta - REFERRING Findings & Recommendation #6 regarding complaint #2 to the Honorable Michael H. Simon for review and final determination. (Mailed to Pro Se party on 1/7/2020.) (pjg) (Entered: 01/07/2020)

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  • 01/07/2020
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  • Docket(#6) Findings & Recommendation: Based on the foregoing, Plaintiff's Complaint (ECF No. #2 ) should be DISMISSED. Any pending motions should be DISMISSED as MOOT. The court recommends that the district judge dismiss Plaintiff's complaint with leave to amend within 30 days of the district judge's order of dismissal to file an amended complaint curing the deficiencies noted above. The court further recommends that the district judge advise Plaintiff that failure to file an amended complaint which cures the deficiencies noted shall result in the dismissal of this proceeding, with prejudice. SCHEDULING ORDER: The Court will refer its Findings and Recommendation to a district judge. Objections, if any, are due fourteen (14) days from service of the Findings and Recommendation. If no objections are filed, the Findings and Recommendation will go under advisement on that date. If objections are filed, a response is due fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. IT IS SO ORDERED. DATED this 7th day of January, 2020 by United States Magistrate Judge John V. Acosta. (Mailed to Pro Se party on 1/7/2020.) (pjg) (Entered: 01/07/2020)

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  • 01/03/2020
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  • Docket(#5) Clerk's Notice of Mailing to James W. Franson II regarding Order on motion/application for leave to proceed ifp #4 . (pjg) (Entered: 01/03/2020)

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  • 01/03/2020
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  • Docket(#4) ORDER by Judge Acosta - GRANTING Motion for Leave to Proceed in Forma Pauperis #1 signed on 1/3/2020 (Mailed to Pro Se party on 1/3/2020.) (pjg) (Entered: 01/03/2020)

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  • 12/09/2019
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  • Docket(#3) Notice of Case Assignment: This case is assigned to Magistrate Judge John V. Acosta. (Mailed to Pro Se party on 12/9/2019.) (joha) (Entered: 12/09/2019)

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  • 12/06/2019
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  • (#2) Complaint. Jury Trial Requested: Yes. Filed by James W Franson, II against All Defendants (Attachments: #1 Civil Cover Sheet). (joha) (Entered: 12/09/2019)

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  • 12/06/2019
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  • (#1) Application for Leave to Proceed IFP. Filed by James W Franson, II. (joha) (Entered: 12/09/2019)

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