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- ilcd;;1:16-cv-01481_de107 RegisterActionDate "2019-09-23" @default.
- ilcd;;1:16-cv-01481_de107 RegisterActionDescriptionText "SUMMARY JUDGMENT ORDER entered by Judge James E. Shadid on 9/23/2019. IT IS THEREFORE ORDERED: 1) Defendant C6926B3 motion for summary judgment is granted. 83 . Defendants Wexford Health Sources, Inc. and Dr. Kurt Osmundsons Motion for Summary Judgment is granted as to his federal claims of deliberate indifference to a serious medical condition. 82 . 2) The Court declines to exercise supplemental jurisdiction over Plaintiff's state law medical malpractice claim against E392795 and Wexford Health Sources pursuant to 28 U.S.C. §1367(c)(3). Plaintiff's claim is limited to the care provided between from October 19, 2015 to October 26, 2015. The surviving claims are remanded to the Circuit Court for the Ninth Judicial Circuit of Fulton County. As required by 28 U.S.C. 1447(c), the Clerk shall therefore mail a certified copy of this order to the Circuit Court Clerk for the Ninth Judicial Circuit of Fulton County. 3) The Clerk of the Court is directed to enter judgment in favor of Defendants in this case and against Plaintiff. The case is terminated, with the parties to bear their own costs. 4 ) If Plaintiff wishes to appeal this judgment, he must file a notice of appeal with this Court within 30 days of the entry of judgment. Fed. R. App. P. 4(a)(4). A motion for leave to appeal in forma pauperis MUST identify the issues the Plaintiff will present on appeal to assist the court in determining whether the appeal is taken in good faith. See Fed. R. App. P. 24(a)(1)(c); See also Celske v Edwards, 164 F.3d 396, 398 (7th Cir. 1999)(an appellant should be given an opportunity to submit a statement of his grounds for appealing so that the district judge "can make a reasonable assessment of the issue of good faith."); Walker v O'Brien, 216 F.3d 626, 632 (7th Cir. 2000)(providing that a good faith appeal is an appeal that "a reasonable person could supposehas some merit" from a legal perspective). If Plaintiff does choose to appeal, he will be liable for the $505.00 appellate filing fee regardless of the outcome of the appeal. SEE FULL WRITTEN ORDER. (SAG, ilcd) (Entered: 09/23/2019)" @default.
- ilcd;;1:16-cv-01481_de107 AdministrativeID "91" @default.
- ilcd;;1:16-cv-01481_de107 hasJudgeReference SJ001502 @default.
- ilcd;;1:16-cv-01481_de107 hasReferenceToOtherEntry ilcd;;1:16-cv-01481_de95 @default.
- ilcd;;1:16-cv-01481_de107 hasReferenceToOtherEntry ilcd;;1:16-cv-01481_de96 @default.