WHITE v. WISHARD HOSPITAL

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION BRENDA L. WHITE, ) ) Plaintiff, ) ) v. ) No. 1:20-cv-00873-JPH-MJD ) WISHARD HOSPITAL, ) ) Defendant. ) ORDER DISMISSING CASE On June 8, 2020, the Court reopened this case and ordered Ms. White to show cause why this case should not be dismissed for lack of jurisdiction. Dkt.

10; dkt. 4. Ms. White has filed a response, but it does not address jurisdiction.

Dkt. 11. Instead, it only gives factual allegations about her injuries. Id. Ms. White therefore has not alleged facts showing that Wishard Hospital can be sued under 42 U.S.C. § 1983, and raises claims for medical negligence and pain and suffering rather than for a deprivation of rights. Dkt. 6 at 5–6; see Alarm Detection Sys. v. Village of Schaumberg, 930 F.3d 812, 825 (7th Cir. 2019) ("Section 1983 . . . provides a right of action for constitutional deprivations that occur 'under color of' state law. Thus private actors . . . cannot usually be sued under § 1983.").

Ms. White’s amended complaint therefore does not show a basis for this Court's jurisdiction, so this case is DISMISSED without prejudice to being filed in state court. Final judgment will issue by separate entry.

SO ORDERED.

Date: 6/30/2020 Sjamu Patrick awlove James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: BRENDA L. WHITE 4141 N Ridgeview Drive Indianapolis, IN 46226