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- ilcd;;1:17-cv-01295_de66 RegisterActionDate "2019-09-17" @default.
- ilcd;;1:17-cv-01295_de66 RegisterActionDescriptionText "TEXT ORDER entered by Judge James E. Shadid on 9/17/2019. On August 9, 2019, the Court granted Defendants' motion for summary judgment. See August 9, 2019 Summary Judgment Order. The Court found the 70-year-old Plaintiff had no evidence his diagnosis of Degenerative Joint Disease was inaccurate, Defendants had tried different treatments to address his complaints of pain, and Plaintiff could not demonstrate deliberate indifference based on his contacts with the named Defendants. See August 9, 2019 Summary Judgment Order. The Plaintiff has now filed a motion for leave to appeal in forma pauperis 44 . Under 28 U.S.C. Sec 1915(a)(3), the district court is required to determine if the Plaintiffs appeal is taken in good faith. Good faith within the meaning of Sec 1915(a)(3) is not about the Plaintiffs sincerity in requesting appellate review. An appeal taken in "good faith" is an appeal that "a reasonable person could suppose... has some merit." Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000). Plaintiff's notice of appeal simply rehashes previous arguments 42 ; see also January 29, 2018 Minute Entry; February 20, 2018 Text Order; April 6, 2018 Text Order; May 2, 2018 Text Order; May 21, 2018 Text Order; October 9, 2019 Case Management Order. Plaintiff does not point to specific errors in the Court's recitation of facts or analysis based on the record presented. Accordingly, the Court denies Plaintiff's motion for leave to proceed in forma pauperis 44 and certifies, pursuant to 28 U.S.C. Sec 1915(a)(3), that the appeal is not in good faith. If the Plaintiff wishes to contest this Court's finding that the appeal is not taken in good faith, he must file a motion with the Court of Appeals seeking review of this Court's certification within 30 days after service of this order. See Fed.R.App.P. 24(a). The clerk is directed to submit a copy of this order to the United States Court of Appeals for the Seventh Circuit. (SAG, ilcd) (Entered: 09/17/2019)" @default.
- ilcd;;1:17-cv-01295_de66 AdministrativeID "49" @default.
- ilcd;;1:17-cv-01295_de66 hasJudgeReference SJ001502 @default.
- ilcd;;1:17-cv-01295_de66 hasReferenceToOtherEntry ilcd;;1:17-cv-01295_de59 @default.
- ilcd;;1:17-cv-01295_de66 hasReferenceToOtherEntry ilcd;;1:17-cv-01295_de61 @default.