[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 06-12915 ELEVENTH CIRCUIT
DECEMBER 12, 2006
Non-Argument Calendar
THOMAS K. KAHN
________________________
CLERK
D.C. Docket No. 04-01034-CV-W-N
RICHARD TYUS, as Personal Representative of the
Estate of Geneva Jones Gibbons, Deceased,
Plaintiff-Appellant,
versus
BAPTIST MEDICAL CENTER SOUTH,
RONALD A. SHAW, M.D., et al.,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Alabama
________________________
(December 12, 2006)
Before DUBINA, CARNES and COX, Circuit Judges.
PER CURIAM:
Richard Tyus, personal representative of the Estate of Geneva Jones Gibbons,
appeals the dismissal of his EMTALA claim against Baptist Medical Center South
(“Baptist”) and physicians Ronald A. Shaw, M.D., Julios Rios, M.D., and James
Bradwell, M.D. (collectively, “the physician defendants”).
While Tyus’s notice of appeal could be construed to appeal the dismissal of the
claim against the physician defendants, he makes no arguments in his appellate briefs
regarding the physician defendants. Therefore, he has waived any basis for appealing
the dismissal of the claim against the physician defendants.
As to the claim against Baptist, we find no reversible error in the district
court’s holding that Tyus is barred from bringing that EMTALA claim in a federal
action because that claim arises out of the same nucleus of operative facts as those
claims he previously pursued in Alabama state court. See Ragsdale v. Rubbermaid,
Inc., 193 F.3d 1235, 1239, n.8 (11th Cir. 1999); In re Justice Oaks II, Ltd., 898 F.2d
1544, 1550 (11th Cir. 1990).
AFFIRMED.
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