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LEMONS v. CMS

Civil Action No. H-10-3080.

RITA LEMONS; dba EXPERTS ARE US INC; dba EXPERTS ARE US MEDICAL EQUIPMENT; dba EXPERTS ARE US LOVELY'S HOME HEALTH CARE, Plaintiff, v. CMS, et al, Defendants.

United States District Court, S.D. Texas, Houston Division.

February 21, 2012.

Attorney(s) appearing for the Case

Rita Lemons, doing business as Experts Are Us Inc doing business as Experts Are Us Medical Equipment doing business as Experts Are Us Lovely's Home Health Care, Plaintiff, Pro Se.

National Supplier Clearing House, Defendant, represented by Christopher D DeMeo , Munsch, Hardt, Kopf & Harr, PC, Daniel David Hu , Office of the US Attorneys Office & Amelia Rebecca De Los Santos , United States Attorney's Office.

Palmetto GBA, Defendant, represented by Christopher D DeMeo , Munsch, Hardt, Kopf & Harr, PC, Daniel David Hu , Office of the US Attorneys Office & Amelia Rebecca De Los Santos , United States Attorney's Office.

Pamela Gadson, Defendant, represented by Christopher D DeMeo , Munsch, Hardt, Kopf & Harr, PC, Daniel David Hu , Office of the US Attorneys Office & Amelia Rebecca De Los Santos , United States Attorney's Office.

Mark Porter, Defendant, represented by Christopher D DeMeo , Munsch, Hardt, Kopf & Harr, PC, Daniel David Hu , Office of the US Attorneys Office & Amelia Rebecca De Los Santos , United States Attorney's Office.

Brian Banks, Defendant, represented by Christopher D DeMeo , Munsch, Hardt, Kopf & Harr, PC, Daniel David Hu , Office of the US Attorneys Office & Amelia Rebecca De Los Santos , United States Attorney's Office.

Nurse Jana Brown, Defendant, represented by Christopher D DeMeo , Munsch, Hardt, Kopf & Harr, PC, Daniel David Hu , Office of the US Attorneys Office & Amelia Rebecca De Los Santos , United States Attorney's Office.

Shannon Goldsborough, Defendant, represented by Christopher D DeMeo , Munsch, Hardt, Kopf & Harr, PC, Daniel David Hu , Office of the US Attorneys Office & Amelia Rebecca De Los Santos , United States Attorney's Office.

Tanya Mattingly, Defendant, represented by Christopher D DeMeo , Munsch, Hardt, Kopf & Harr, PC, Daniel David Hu , Office of the US Attorneys Office & Amelia Rebecca De Los Santos , United States Attorney's Office.

Erica Williams, Defendant, represented by Christopher D DeMeo , Munsch, Hardt, Kopf & Harr, PC, Daniel David Hu , Office of the US Attorneys Office & Amelia Rebecca De Los Santos , United States Attorney's Office.

Alphonso Cuellar, Defendant, represented by Christopher D DeMeo , Munsch, Hardt, Kopf & Harr, PC, Daniel David Hu , Office of the US Attorneys Office & Amelia Rebecca De Los Santos , United States Attorney's Office.

Kimberly Drake, Defendant, represented by Christopher D DeMeo , Munsch, Hardt, Kopf & Harr, PC & Amelia Rebecca De Los Santos , United States Attorney's Office.

John McDowell, Defendant, represented by Christopher D DeMeo , Munsch, Hardt, Kopf & Harr, PC & Fred Wahrlich , Munsch Hardt et al.

Lindsey Gates, Defendant, represented by Christopher D DeMeo , Munsch, Hardt, Kopf & Harr, PC & Fred Wahrlich , Munsch Hardt et al.

Cynthia Patterson, Defendant, represented by Yvonne Denise Bennett , Office of the Attorney General.

Len Wilson, Defendant, represented by Yvonne Denise Bennett , Office of the Attorney General.

Stan Clark, Defendant, represented by Yvonne Denise Bennett , Office of the Attorney General.

Sharon Jackson, Defendant, represented by Yvonne Denise Bennett , Office of the Attorney General.

Margaret Wingard, Defendant, represented by Daniel David Hu , Office of the US Attorneys Office, Amelia Rebecca De Los Santos , United States Attorney's Office & Christopher D DeMeo , Munsch, Hardt, Kopf & Harr, PC.

Marlin King, Defendant, represented by Daniel David Hu , Office of the US Attorneys Office, Amelia Rebecca De Los Santos , United States Attorney's Office & Christopher D DeMeo , Munsch, Hardt, Kopf & Harr, PC.

Ralph Longmire, Defendant, represented by Yvonne Denise Bennett , Office of the Attorney General.

Cindy King, Defendant, represented by Christopher D DeMeo , Munsch, Hardt, Kopf & Harr, PC, Daniel David Hu , Office of the US Attorneys Office & Amelia Rebecca De Los Santos , United States Attorney's Office.

OPINION AND ORDER

MELINDA HARMON, District Judge.

Pending before the Court is Plaintiff Rita Lemons' motion for reconsideration of the Court's opinion and order dismissing this case. Doc. 48. In that order, the Court found that Lemons' complaint lacked an arguable basis in fact or law and dismissed the case as frivolous pursuant to 28 U.S.C. § 1915(e).

Although Plaintiff fails to expressly invoke the provision governing...

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