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Roberts v. Commonwealth

United States District Court, W.D. Kentucky, Owensboro Division

November 8, 2018

CAROL ROBERTS PLAINTIFF
v.
COMMONWEALTH OF KENTUCKY et al. DEFENDANTS

          MEMORANDUM OPINION

          JOSEPH H. MCKINLEY, JR., CHIEF JUDGE UNITED STATES DISTRICT COURT

         Plaintiff Carol Roberts is proceeding pro se and in forma pauperis in this action. This matter is before the Court for screening pursuant to 28 U.S.C. § 1915(e)(2) and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007). For the following reasons, this action will be dismissed.

         I. SUMMARY OF CLAIMS

         Plaintiff initiated this action by filing a document titled “Notice of Prima Facia Case, Declaration Affirmation” (DN 1). She sues twenty Defendants, including the Commonwealth of Kentucky; Governor Matt Bevin; Tom Summers, “Acting as Constituent Services”; the Cabinet for Health and Family Services and some of its officers/employees; and the “Dept of Medicaid Services” and some of its officers/employees. Plaintiff's complaint is not a model of clarity. The Court, therefore, largely will quote from the pleading.

         Plaintiff claims that she enrolled in a patient assistance program with a pharmaceutical company, Novartis, around November 10, 2016, and that around December 2, 2016, a Norvartis employee “coerced” her to apply for Medicaid, “which . . . [she] knew . . . [she] did not qualify for, but being forced to jump through hoops, they made [her] perform/do in order to continue with the vital eye drops [she] had been administering to [her] eyes to prevent blindness since 2005.” Plaintiff alleges that the Medicaid application “was taken by one [Defendant] Gwen Ramsey, according to one, [Defendant] Beth Wilson . . . pertaining to an application for Medicaid (ONLY) with the following number 111830857 A.K.A. DFS 17-000851 . . . via phone application[.]” Plaintiff continues, “The inept employee [Defendant] Ramsey, DID NOT, make it know to [me] that [she] was signing [me] up for ANYTHING other than what was requested, or to be put into any other program.” Plaintiff states, “I . . . find it ludicrous that the hearing individual [Defendant] Matthew Mooney which has taken nearly a YEAR to render a decision, when he himself is BIASED against [me].”

         Later in the complaint, Plaintiff alleges as follows:

One, Carol Roberts was signed up for QMB, [1] or QMB-1 whatever it is and was done without knowledge or consent OR REQUEST. One day a check shows up from the Social Security office, no note attached, NOTHING to explain what it was or WHY I, one, Carol Roberts was receiving it. One, Carole Roberts immediately was stressed out to the maximum and freaking out with instant fret, depressed, upset stomach and every nerve viber in one, Carol Roberts body was put into stress, whereby one, Carol Roberts am to AVOID at all costs!
Since the check came from Soc Sec, naturally it was assumed that since a receipt of regular Soc Sec had already arrived approximately two weeks prior, assuming that all the rumors were true about a possible government shut down, and assuming that this additional check was sent out early for the following month paid EARLY would be construed as a reasonable assumption. I, one, Carol Roberts made calls to others to see if anyone else had received such. THROWING UP, ensued due to the stress and once somewhat calming down, made a call to the Social Security Office to inquire as to WHY it was sent. One, Carol Roberts was informed that Kentucky was going to start paying my, Carol Roberts' Medicare premiums. WHY, was my, one, Carol Roberts' response, when given this information. Asking the Social Security Office WHO did this to me, one, Carol Roberts, and how does one contact them was the question. I, one, Carol Roberts was given a phone number. I, one, Carol Roberts had been told, due to being low income, the State/Commonwealth of Kentucky was going to pay the Medicare premiums. I, one, Carol Roberts' response was, []look, I, one, Carol Roberts am fearful of cashing said check, because I, one, Carol Roberts, DO NOT want Kentucky coming back to me, one, Carol Roberts, months down the road, stating UH OH, WE MADE A MISTAKE, YOU DO NOT QUALIFY, AND WE'RE GOING TO DROP YOU, AND THEN TAKE THAT MONEY BACK, WHICH EVEN AFTER REASSURANCE, IS EXACTLY WHAT was done. I, one, Carol Roberts, ALSO TOLD THEM, “IF” THAT WERE TO OCCUR, I would be holding all those involved accountable for doing so to me, one, Carol Roberts. SO HERE IT IS. All herein named, HAVE HAD NEARLY TWO YEARS TO REMEDY THIS MATTER, AND HAVE FAILED MISERABLY TO ACCOMPLISH ANYTHING TO PUT ME WHOLE AGAIN. This could have been dealt with in a TIMELY MANNER, but as they've proven, none seem capable of doing the jobs they were hired to do, wherefore they should be FIRED as they were/are irresponsible, neglectful, incompetent and derelict of their duties which is unconscionable, as well as unbelievable. They go about messing with peoples lives as they have done to me, one, Carol Roberts which is criminal AND, and the ordeal has me, one, Carol Roberts, considering CANCELING MY, ONE, Carol Roberts, MEDICARE INSURANCE BECAUSE OF THEIR UNINVITED INVASION AND INTRUSION INTO one, Carol Roberts, LIFE WHICH IS BULLSHIT, in order for one, Carol Roberts to have enough finances to survive on!

         Plaintiff reports that she requested a hearing on this matter; that two weeks before the hearing, she asked Defendant Dana Barnes “to send EVERYTHING, which her department and SHE, had done BEHIND MY BACK”; that Plaintiff was in attendance at the hearing by phone as were Defendants Barnes and Mooney; and that because Defendant Barnes had not sent Plaintiff any paperwork, Plaintiff “was forced to STOP the proceeding.” Plaintiff reports that another hearing was scheduled; that she had received “some paperwork but NOT ALL of it”; and that, on the new hearing date, Plaintiff “appeared by calling the number, but no one answered and or showed up but ME, one, Carol Roberts. NO EXPLANATION.” She continues, “Then I, one, Carol Roberts lost track of what the hell was going to go on, livid at the situation, with more of my, one Carol Roberts' life having been robbed, confiscated, stolen, hijacked, put upon, more stress, and kidnaped. Simply WANTING THE DAMN MATTER OVER!!”

I, one, Carol Roberts cashed that check of reimbursed Medicare premiums, just to have it all taken back a few months later, because of what Gwen Ramsey did, and my, one, Carol Roberts being put into the QMB or QMB-1 and then extracted from it, I, one, Carol Roberts was HIT with increased Medicare premiums a good seven to eight months, BEFORE I, one, Carol Roberts would have had the premium increase on Medicare, if it had NOT been for the actions of what one, Gwen Ramsey AND the Cabinet for Health and Family Services, as well as Medicaid, did by signing one, Carol Roberts up to begin with.
Furthermore, Dana Barnes, flat out refused to remedy the situation caused by Gwen Ramsey by not transferring me, one, Carol Roberts, for what I, one, Carol Roberts DO QUALITY FOR, ACCORDING TO THE CABINET FOR HEALH AND FAMILY SERVICES, THAT BEING Ql-1 and/or any other program that would have correctly done. . . .
. . . .
Furthermore, as I see it, when I started investigating YOU PEOPLE, come to find out, your program has been going for well over TWENTY YEARS, so as I see clearly now, and ASKED one of the above, HOW COME YOU All DIDN'T SIGN ME, ONE, Carol Roberts UP FOR THIS MEDICARE PREMIUMS PAYMENT SYSTEM BACK IN 2005 when I FIRST applied for Medicaid, for the same Pharmaceutical Company, for the SAME EYE drops I need to keep from going BLIND, to which I, one, Carol Roberts am now without, and of which you/she/they had been MADE AWARE OF AND OF WHICH TOOK YOU All NEARLY A YEAR TO GET ME A NOTICE OF DENIAL, SO THAT, ONE, Carol Roberts, could SEND THE PHARMACEUTICAL COMPANY', PATIENT ASSISTANCE PROGRAM to attain the medically necessary eye drops to prevent BLINDNESS.
Furthermore, I, Carol Roberts attest that since all this began, and all those I, one, Carol Roberts has called raising hell across this Commonwealth/State, I, one Carol Roberts have been STALKED, which has continued whereby license plates, faces, and the like HAVE been captured and given to certain others for my, one, Carol Roberts protection, to whom know what to do with them. You have all made me feel my life is endangered, I do NOT feel safe to go to my doctors office any longer, wherefore I am about out of my eye drops. You have inflicted unmeasureable misery, upon my, one, Carol Roberts' life, with your collective COERCION, TERRORIZING, TORTURE, COLLUSION, INVASION OF PRIVACY, MALFEASANCE, ...

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