Price v. YesCare

Background

Nicholas J. Price, who is incarcerated at the Orange County Jail, filed this complaint without a lawyer and applied to proceed without paying the filing fee. Invoking 42 U.S.C. § 1983, he alleged that YesCare falsified his medical records and denied him adequate medical treatment.

The court identified an earlier related lawsuit, Price v. YesCare, No. 25-CV-1024 (LTS), involving the same and related events. In that earlier case, the court had allowed Price to file an amended complaint. The court concluded that the current lawsuit overlapped with claims in the earlier case and directed Price to show why this second lawsuit should not be dismissed. Price did not respond or otherwise communicate with the court.

Ruling

The court dismissed this complaint without prejudice to the continuing litigation in the earlier related case. It stated that Price could, consistent with the earlier order and Rule 15 of the Federal Rules of Civil Procedure, identify all defendants he sought to hold liable and assert all claims arising from the events in one action.

The court directed the clerk not to charge Price the $350 filing fee for this action. It also directed that funds not be deducted or encumbered from his prison trust account for this lawsuit. The court certified that any appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. Finally, it directed the clerk to enter judgment dismissing the case.

Effect of the Order

The order ended this lawsuit, but the dismissal was without prejudice to the continuing litigation in the earlier related case. The opinion did not decide whether Price’s allegations about his medical records or medical treatment were legally valid.