Mays v. Godinez et al
| Kenneth Mays |
| S A Godinez, Jackie Miller, Randy Pfister, John Doe, . Tilden, Brown, . Lemke and Marvin Reed |
| 1:2013cv01114 |
| March 13, 2013 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Livingston |
| John A. Gorman |
| Joe Billy McDade |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Defendant |
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Filing
109
SUMMARY JUDGMENT OPINION entered by Judge Joe Billy McDade on 02/09/2015. IT IS THEREFORE ORDERED: 1) Defendants' Motions for Summary Judgment on the Issue of Exhaustion as it relates to the claim for retaliation are GRANTED 101 , 103 . Plaint iff's related motion 104 is DENIED. The clerk of the court is directed to enter judgment in favor of Defendants and against Plaintiff. All pending motions are denied as moot, and this case is terminated, with the parties to bear their own cost s. Plaintiff remains responsible for the $350.00 filing fee. 2) 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 Ci r. 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 OBrien, 216 F.3d 626, 632 (7th Ci r. 2000)(providing that a good faith appeal is an appeal that "a reasonableperson 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 Opinion.(JS, ilcd)
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Filing
100
SUMMARY JUDGMENT OPINION entered by Judge Joe Billy McDade on 02/13/2014. IT IS THEREFORE ORDERED: 1) Defendants' Motions for Summary Judgment on the issue of exhaustion as they relate to the claim of deliberate indifference to serious medical n eed are GRANTED 53 , 55 . This ruling applies to Defendant Michell as well. 2) The parties may file further briefs on the issue of whether Plaintiff exhausted his administrative remedies as to his retaliation claim within 21 days. See Full Written Order.(JS, ilcd)
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