Aragon v. Department of Health

Full title: FAYE ARAGON, Plaintiff, v. DEPARTMENT OF HEALTH (MENTAL) AND SUBSTANCE…

Court: United States District Court, D. Guam, Territory of Guam

Date published: Feb 7, 2005

Civil Case No. 04-00056 (D. Guam Feb. 7, 2005)

Opinion

Civil Case No. 04-00056.

February 7, 2005

ORDER

DAVID HAGEN[fn*], District Judge [fn*] The Honorable David W. Hagen, United States Senior District Judge for Nevada, by designation.

On December 30, 2004, the Plaintiff, pro se, filed a Complaint and Application to Proceed Without Prepayment of Fees and Affidavit (`the Application"). The Magistrate Judge issued an order on January 6, 2005, wherein, he granted the application to proceed without prepayment of fees and recommended that the case be dismissed for failure to state a claim. Thereafter, the plaintiff submitted a letter to the Magistrate Judge requesting additional time in which to file an objection to the recommendation to dismiss. Because the Magistrate Judge made a recommendation to dismiss the complaint, the Magistrate Judge declined to rule on the request for an extension and instructed the Clerk of Court to notify the District Judge of the plaintiff's request.¹

1 See January 21, 2005 Order, Doc. No. 4.

After review of the January 6, 2005 Order, this Court concurs with the Magistrate Judge's recommendation and affirms his order in its entirety. The plaintiff's complaint consists of only three paragraphs. They are as follows:

JURISDICTION

United States District Court of Guam USA.

COMPLAINT

Multiple complaints on Medical Malpractice, Federal/Criminal/Civil Rights Violation, Attempted Murder, Obstruction of Evidence, Third Party Manipulation, Contract Breach, Inflicting Conflict, Malfeasance, and False Statements.

DEMAND

Appropriate compensation and punitive damages. Additional compensation on loss of income, expenses incurred, loss of/damage to property, disrupted obligations, personal safety, abnormal standard of living, trauma and overfatigue, extreme suffering and pain, other cases incurred.

Under the most liberal construction, the complaint as drafted fails to allege any facts upon which relief can be granted. Accordingly, the Court hereby DISMISSES the complaint for failure to state a claim. The plaintiff may file an amended complaint within 30 days of the date of this Order. The plaintiff is cautioned that failure to file an amended complaint may result in the dismissal of this action. Furthermore, the Court denies the plaintiff's request for additional time to file an objection to the Magistrate Judge's recommendation. Such a filing would be a waste of time and otherwise prove to be unpersuasive.

SO ORDERED.