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Henderson v. Oregon Department of Human Services

United States District Court, D. Oregon, Eugene Division

June 12, 2019

PATRICK LOUIS HENDERSON and CHRISTINE DIANE HENDERSON, Plaintiffs,
v.
OREGON DEPARTMENT OF HUMAN SERVICES, Defendant.

          FINDINGS AND RECOMMENDATION, RE: PLAINTIFFS' APPLICATION TO PROCEED IN FORMA PAUPERIS

          MUSTAFA T. KASUBHAI UNITED STATES MAGISTRATE JUDGE.

         Plaintiff Christine Diane Henderson applied to this Court to proceed in Forma Pauperis (“IFP”). For the reasons stated below, this Court should deny Plaintiff's application.

         BACKGROUND

         Plaintiffs, proceeding pro se, filed a complaint on May 9, 2019, listing the basis for this action as “ADA Title II III, Medicaid and Medicare Fraud, Section 504, ‘Steering' Housing discrimination, [and] Constitutionality of State Statutes.” Compl. II.A. (ECF No. 1). Plaintiffs allege that Plaintiff Patrick Louis Henderson requires care “24/7 and [by] 2 staff that requires [sic] advanced training, ” and these services were ordered by Mr. Henderson's primary care physician to be provided in Mr. Henderson's personal home.” Id. at III. Plaintiffs allege that Defendant Oregon Department of Human Services (“DHS”) “refused to comply” and Mr. Henderson “has sustained personal injury due to DHS refusing to follow medical orders.” Id.

         Plaintiffs seek to:

* Stop Medicaid and Medicare Fraud by making DHS follow their own rules and quit embezzling funds that were meant for clients of Oregon needs Assessments not for DHS uses.
* Change PASSR assessment tool so it does not discriminate based on a persons [sic] Diagnosis; Award 40, 000.00 to pay DHS's Recovery unit and Award damages for harassment, undo stress, Bullying.
* Change DHS's state and Federal Regulations that “steer” Medical services based on a client's choice of housing Accommodations.
* Award damages to clients and workers being forced labored/working out of scope of training /lost wages/withheld wages
* Change DHS rules so they are not bullying client care workers while breaking every labor law ever written.
* Compensation for clients Injuries Due to negligent [sic] by DHS[.]

Id.

         The complaint states “moral and ethical issue not about $” in the Amount in Controversy. Id. at II.B.3.

         The complaint includes three exhibits. One of the exhibits appears to be a fax confirmation sheet and a faxed “Office of Developmental Disability Services Administrative Hearing Request” form. Id. at 6-7, 9. The hearing request form on page 7 of the complaint lists Patrick Louis Henderson as the claimant and states “Patrick is exceptional needs status his service support status was reduced out of retaliation for making a PSF against a DHS worker.” Id. at 7. The form was signed by Christine Henderson and dated April 27, 2019. Id. Page 9 of the complaint appears to be the second page of the ...


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