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Moss v. Vanderbilt University Medical Center12/21/2000
It is difficult, if not impossible, to glean from the record before this Court, what the pro se plaintiff is seeking and upon what factual basis he predicates the claim. The best hope is to simply describe seriatim the documents appearing in this file.
First, we have a copy of the initial page of what might be called a complaint filed by Appellant, James Anthony Moss, against Appellee, Vanderbilt University Medical Center, on April 13, 1998, before the United States District Court of the Middle District of Tennessee, and apparently filed on September 23, 1998 in the Chancery Court of Davidson County, Tennessee. When described under the heading of "Type of Pleading" it simply states "Notice of Filing." The only other statement written on this document before the signature of Appellant, James A. Moss is the statement in the body of this initial page "Application for Child's Insurance Benefits - Survivor Claim."
The next document is the final two pages of a recommendation by Magistrate Judge William J. Haynes, Jr., under date of August 21, 1998, that the complaint be dismissed as legally frivolous under 28 U.S.C. section 1915(e)(2).
The next two pages in the record are nearly indecipherable with the only statement of fact being the assertion that "James A. Moss has been disabled since March 24, 1964." It further asserts that James R. Woodson died in 1979.
Next, is a copy of an authorization for the release of information signed by Appellant on June 9, 1997, and addressed to St. Thomas Hospital. The front page of this document indicates that Appellant was born May 10, 1951 and that his social security number is 412-82-8392.
Thereafter appear four pages of St. Thomas Hospital medical records evidencing sleep disorder evaluations by St. Thomas Hospital of Appellant under dates of November 5, 1992, and August 3, 1993. The diagnosis in these two medical reports indicates narcolepsy, periodic limb movement disorder, idiopathic CNS hypersomnia, and sleep apnea/hypopena syndrome. The only mention in any of the St. Thomas medical records of Vanderbilt is the statement in the November 5, 1992, report that " e states that he has had excessive sleepiness which dates back to early adolescence. He was evaluated at Vanderbilt for that problem and was placed on some sort of medication for a short period of time."
The next document in the record and the one providing the most decipherable information is an Application for Child's Insurance Benefits - - Survivor Claim filed with the Equal Employment Opportunity Commission on December 11, 1996. The document is unsigned but provides the following pertinent information:
The deceased worker's name is James Richard Woodson, Jr.
The deceased's social security number is 411-52-7478.
The deceased's date of birth is May 1, 1932.
The deceased's date of death is May 2, 1979.
No previous application has been filed with the Social Security Administration by or for the deceased.
My name is James A. Moss.
The child for whom this application is being filed is James A. Moss, date of birth May 10, 1951, SSN 412-82-8372.
The next page in the record is a copy of an order in the United States District Court for the Middle District of Tennessee, dated September 15, 1998, approving the recommendation of the magistrate judge and dismissing the federal court case as frivolous under 28 U.S.C. section 1915(e)(2).
The next page in the record is the apparent last page of an application for social security benefits for Appellant filed October 12, 1989, by Susan D. Clasbey, attorney. In this applica
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