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Martinez v. Longmont United Hospital

United States District Court, D. Colorado

August 12, 2014

BRYAN MARTINEZ, Plaintiff,
v.
LONGMONT UNITED HOSPITAL, LONGMONT POLICE DEPARTMENT, aka CIVIC CENTER, LUTHERAN MEDICAL CENTER, NATIONAL JEWISH HEALTH, and SALUD CLINIC, Defendants.

ORDER OF DISMISSAL

LEWIS T. BABCOCK, Senior District Judge.

Plaintiff, Bryan Martinez, currently resides in Longmont, Colorado. He initiated this action by filing pro se a Complaint pursuant to 28 U.S.C. § 1331 and 5 U.S.C. § 552(a)(4)(B) (Freedom of Information Act "FOIA") and a Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. Plaintiff was granted leave to proceed pursuant to § 1915 on June 25. 2014. Magistrate Judge Boyd N. Boland reviewed the Complaint and, on July 8, 2014, ordered Plaintiff to respond within thirty days and show cause why jurisdiction is proper and the action should not be dismissed because Plaintiff is requesting information from a source other than a federal agency and if any named defendant is a state agency a claim filed against them would be pursuant to a state public information act and is a matter of state law. Plaintiff filed a Response on July 24, 2014.

In the Response, Plaintiff asserts that he desires to change the jurisdiction for his claims to 5 U.S.C. § 551(2) and (3). He also states the following:

1) State courts will not assist him;
2) He has been falsely imprisoned for three years;
3) The Longmont Hospital tricked him into drinking Lidocaine;
4) The city attorney taunts him;
5) The police are asking physicians to give him diseases;
6) He knows the cameras are not there "for pretty";
7) When he went to Kaiser Permanente in Lakewood officers on duty drove by him when he was waiting for the bus;
8) He is looking for work but he will not be hired;
9) He was constricted from reading the FOIA and federal rules;
10) He can bypass the state courts due to his disability;
11) A therapist will not diagnose him without a form that ...

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