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Humana Financial Recovery & Subrogation v. Edward Hospital

United States District Court, W.D. Kentucky, Louisville

December 7, 2017

HUMANA FINANCIAL RECOVERY & SUBROGATION et al.,
v.
EDWARD HOSPITAL et al. DEFENDANTS

          MEMORANDUM OPINION AND ORDER

          GREG N. STIVERS, JUDGE

         Plaintiff Stephen P. Wallace filed this pro se civil action on his own paper. Because Plaintiff is proceeding in forma pauperis, this Court must review the complaint pursuant to 28 U.S.C. § 1915(e)(2). For the reasons that follow, the Court will dismiss this action.

         I. SUMMARY OF COMPLAINT

         In the caption of the complaint, Plaintiff Stephen P. Wallace identifies himself as a “private attorney general” who is purportedly counsel for himself and a second plaintiff, “Humana Financial Recovery and Subrogation” (Humana). Plaintiff identifies the following parties as Defendants in this action - Edward Hospital; Dr. William R. Sterba, Dr. Keith B. Hanni, Pamela M. Davis, and “John Does 1-5”.

         Plaintiff states that Humana was his “Health Care Provider” when Defendants performed a hip surgery on him on January 30, 2013. Plaintiff states that during his surgery, he received a “sham prosthesis” which has now failed. He then writes: “Medical malpractice is a magnet for personal injury lawyers but [Plaintiff]'s inability to attract over 9 law firms after their initial keen interest has been due to tortious interference and & intimidation by Predicate Actors whom have criminally embezzled [Plaintiff]'s $40 millions Irrevocable Trust Estate under color of law.”

         In the section of the complaint he titles “Jurisdiction and Venue, ” Plaintiff writes as follows:

Plaintiff . . . has been DENIED ALL DUE PROCESS RIGHTS in ALL State & Federal Venues under an alleged covert proliferation of the infamous “Operation GreyLord” and [Plaintiff] has survived Actors “Conspiracy to Commit Murder (3) times” to forever quash their Accountability of RICO also perpetrated upon the U.S. Treasury for U.S. Tax Evasion; Interstate Financial Wire & Bank Fraud; U.S. Bankruptcy Fraud, Forged Deeds, Identity Theft, etc., thus Plaintiff's seek impartial adjudication in HUMANA's U.S. District.

         Plaintiff then states that “Co-Plaintiff, HUMANA” is a Kentucky corporation and that “Co-Plaintiff Wallance is currently a resident of Illinois, but will seeking ‘Witness Protection' from U.S. Attorney, Russell M. Coleman, in the Criminal CASE.”

         In the section of the complaint titled “Statement of the Case, ” Plaintiff again makes reference to a $40 million trust that “has been criminally converted” by “interloper/usurper actors under color of law.” He also states that without “Food Stamps, Medicare, St. Vincent De Paul Society Charity, and HUMANA, [Plaintiff] would have perished per ‘predator parasite Actors PLAN of action' years ago.” He then writes:

John Does have made multiple attempts to Terminate Victim utilizing Victim's Trust Fund Assets to HIRE assassins as was perpetrated on January 30, 2013, when an “impostor male nurse . . . injected a Solution in Victim's IV immediately after arriving at hospital room from post OP causing Victim's pulse rate to drop to 27 beats per minute, only saved by the Head Nurse conversing with Victim, who called a RAPID RESPONSE team, then a CODE BLUE for Resuscitation . . . that thereafter Victim's surgery anesthesiologist, Dr. Keith Hanni entered the room to state that there was a Problem with the Surgery, and to ask Surgeon Sterba about it who came in about twenty minutes later who went totally Defendants, ‘WHO TOLD YOU THAT?'

         Plaintiff also seems to allege that a non-defendant Oklahoma deputy sheriff attempted to “abduct and terminate him.” He then alleges that a non-defendant FBI agent located in San Antonio was “complicit in a civil conspiracy to quash any & all of the JP MORGAN criminal conversion collusion of Victim's Estate.” Plaintiff indicates that he has filed actions in other courts and contacted United States senators regarding these allegations. He concludes by stating that he filed a “RICO CASE in Central District of Illinois v. Supreme Court Clerk, et al., which again was Denied under Pauperis Verified Affidavit, yet allowed to be re-filed before January, 2018, which VICTIM now seeks this Courts unabiased ADJUDICATION with HUMANA seeking “exemplary DAMAGES” as well.

         Plaintiff then writes: Count 1, RICO & Civil Conspiracy; COUNT 2 - Edward Hospital Failure to Secure Premises from Hostile Actors; Count 3 - Conspiracy and Deprivation of Rights under Color of Law; Count 4 - Breach of Contract/Fiduciary Duty for Surgical Services.”

         Plaintiff concludes his complaint by writing that he wants “the U.S. Attorney Coleman to convene a SPECIAL GRAND JURY, in the Public Interest of Justice & Judicial Economy to compel a Forensic Audit to ‘certify all U.S. Reparations due and for the Restitution due Plaintiffs.'”

         II. ...


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