By Ben Solis
Gognwer News Service
A years-old lawsuit against the Department of Health and Human Services that kicked back and forth between the state and federal district courts was recommended for dismissal by a federal magistrate judge, court records show.
The lawsuit, Donaldson v. Lyon (USEDM Docket No. 18-13994), was recommended for dismissal by U.S. Magistrate Judge Patricia Morris of the Eastern District of Michigan in a report issued Monday.
The case surrounds the plaintiff's request for an Office of Administrative Hearings and Rules meeting to resolve a dispute over a Medicaid milage reimbursement. The case record shows that neither DHHS, former director Nick Lyon nor former director Robert Gordon was involved in the hearing.
The plaintiff later filed a motion to examine the contents of his file, which was denied by an administrative law judge because the rule he cited did not support the request. He was eventually given the documents he sought to be used at the hearing.
Still, the plaintiff sought an appeal on the matter in state circuit court, which also declined to take up the issue.
After some back and forth, an administrative law judge found minimal differences in the numbers presented by the plaintiff and the defendants regarding his mileage reimbursement and denied the plaintiff's motion for rehearing and reconsideration.
Numerous appeals were filed in state circuit court, the Michigan Court of Appeals and the Michigan Supreme Court, all of which denied leave to appeal. The plaintiff continued to assert that his due process rights were violated by the initial administrative law proceedings when the judge denied him access to his case file.
In the federal district court, the plaintiff asserted the violation of his rights and demanded various injunctions against DHHS, Lyon, Gordon and other named defendants. The case was appealed after an unfavorable ruling for the plaintiff to the 6th U.S. Circuit Court of Appeals, which remanded the case back to the federal district court.
A motion to dismiss was pending before the court, but it was ruled on in the context of parallel proceedings in the state court.
DHHS, Lyon and Gordon, as well as other named defendants within the agency, each sought motions to dismiss the case, citing no favorable progress for the plaintiff.
Morris's report focused on the case as a whole under her authority as a magistrate. She said the recommendation for dismissal stemmed with plaintiff Mark Donaldson's "repeated failure to comply with court orders."
This case was filed over six years ago. The undersigned does not attribute delay caused by ongoing state court proceedings and federal appeals to Donaldson," Morris wrote.
"However, the lack of progress over the past six months is entirely attributable to Donaldson. The defendants wasted resources preparing renewed motions to dismiss that Donaldson refuses to respond to on the merits. It can also be fairly assumed that the defendants have cumulatively spent hours keeping abreast of Donaldson's many filings and the ensuing court orders."
She said if U.S. District Judge David Lawson of the Eastern District of Michigan adopted her recommendation, he should view the three pending motions to dismiss as moot.
Gognwer News Service
A years-old lawsuit against the Department of Health and Human Services that kicked back and forth between the state and federal district courts was recommended for dismissal by a federal magistrate judge, court records show.
The lawsuit, Donaldson v. Lyon (USEDM Docket No. 18-13994), was recommended for dismissal by U.S. Magistrate Judge Patricia Morris of the Eastern District of Michigan in a report issued Monday.
The case surrounds the plaintiff's request for an Office of Administrative Hearings and Rules meeting to resolve a dispute over a Medicaid milage reimbursement. The case record shows that neither DHHS, former director Nick Lyon nor former director Robert Gordon was involved in the hearing.
The plaintiff later filed a motion to examine the contents of his file, which was denied by an administrative law judge because the rule he cited did not support the request. He was eventually given the documents he sought to be used at the hearing.
Still, the plaintiff sought an appeal on the matter in state circuit court, which also declined to take up the issue.
After some back and forth, an administrative law judge found minimal differences in the numbers presented by the plaintiff and the defendants regarding his mileage reimbursement and denied the plaintiff's motion for rehearing and reconsideration.
Numerous appeals were filed in state circuit court, the Michigan Court of Appeals and the Michigan Supreme Court, all of which denied leave to appeal. The plaintiff continued to assert that his due process rights were violated by the initial administrative law proceedings when the judge denied him access to his case file.
In the federal district court, the plaintiff asserted the violation of his rights and demanded various injunctions against DHHS, Lyon, Gordon and other named defendants. The case was appealed after an unfavorable ruling for the plaintiff to the 6th U.S. Circuit Court of Appeals, which remanded the case back to the federal district court.
A motion to dismiss was pending before the court, but it was ruled on in the context of parallel proceedings in the state court.
DHHS, Lyon and Gordon, as well as other named defendants within the agency, each sought motions to dismiss the case, citing no favorable progress for the plaintiff.
Morris's report focused on the case as a whole under her authority as a magistrate. She said the recommendation for dismissal stemmed with plaintiff Mark Donaldson's "repeated failure to comply with court orders."
This case was filed over six years ago. The undersigned does not attribute delay caused by ongoing state court proceedings and federal appeals to Donaldson," Morris wrote.
"However, the lack of progress over the past six months is entirely attributable to Donaldson. The defendants wasted resources preparing renewed motions to dismiss that Donaldson refuses to respond to on the merits. It can also be fairly assumed that the defendants have cumulatively spent hours keeping abreast of Donaldson's many filings and the ensuing court orders."
She said if U.S. District Judge David Lawson of the Eastern District of Michigan adopted her recommendation, he should view the three pending motions to dismiss as moot.
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