Sarvestaney v. Catholic Health Association of the United States et al
| Cyrus Sarvestaney |
| Catholic Health Association of the United States, Thomas Waterman, Douglas Cropper, Dr. Cassie Welt and CMS Medicare Medicaid Servies |
| 4:2022cv04064 |
| April 6, 2022 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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| Document Text |
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| Filing 10 NOTICE of Docketing Record on Appeal from USCA regarding #8 Notice of Appeal filed by Cyrus Sarvestaney. USCA Case Number 22-1959 (ANW) |
| Filing 9 Short Record of Appeal Sent to US Court of Appeals regarding #8 Notice of Appeal. (RES) |
| Filing 8 NOTICE OF APPEAL as to #3 Order by Cyrus Sarvestaney. (RES) |
TEXT ORDER entered by Chief Judge Sara Darrow on May 12, 2022. Plaintiff has filed three motions asking the Court to alter its #3 order dismissing Plaintiff's suit. First, he filed a #5 motion asking the Court to add words he argues are missing to its #3 order dismissing Plaintiff's suit. Second, he filed a #6 petition which appears to ask for the same corrections to the #3 order. Finally, he filed a #7 petition asking the Court to remove a footnote in the #3 order. The procedural vehicle by which Plaintiff seeks this relief is unclear. The Court can conceive of two potential bases: Federal Rule of Civil Procedure 59(e) and Federal Rule of Civil Procedure 60. Rule 59(e) "enables the court to correct its own errors and thus avoid unnecessary appellate procedures." Miller v. Safeco Ins. Co. of Am., 683 F.3d 805, 813 (7th Cir. 2012) (quotation marks omitted). A court should alter or amend its judgment under Rule 59(e) only if "the movant presents newly discovered evidence that was not available at the time of trial or if the movant points to evidence in the record that clearly establishes a manifest error of law or fact." Burritt v. Ditlefsen, 807 F.3d 239, 252-53 (7th Cir. 2015) (quotation marks omitted). Rule 60(a) allows a court to "correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record." Fed. R. Civ. P. 60(a). Rule 60(b) provides six potential grounds for a court to relieve a party from a final judgment or order, including "mistake, inadvertence, surprise, or excusable neglect" and "any other reason that justifies relief." See id. 60(b)(1), (6). The Court has reviewed the #5 #6 #7 motions and finds that none demonstrate the Court made a factual, legal, or clerical mistake. The #5 #6 #7 motions are therefore DENIED. (AK)
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| Filing 7 PETITION to Receive Corrections/Removal by Plaintiff Cyrus Sarvestaney. Responses due by 5/24/2022 (Attachments: #1 Exhibit 1)(RES) |
| Filing 6 PETITION to Receive needed Corrections by Plaintiff Cyrus Sarvestaney. Responses due by 5/24/2022 (Attachments: #1 Exhibit 1)(RES) |
| Filing 5 Emergency Motion by Plaintiff Cyrus Sarvestaney. Responses due by 5/24/2022 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(RES) |
| Filing 4 JUDGMENT entered. (RES) |
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Filing 3
ORDER entered by Chief Judge Sara Darrow on May 4, 2022. Plaintiff Cyrus Sarvestaney's #2 motion for leave to proceed in forma pauperis is GRANTED. His #1 complaint is DISMISSED pursuant to 28 U.S.C. 1915(e)(2)(B)(i). The Clerk is directed to enter judgment and close the case.(AK) (RES).
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| Filing 2 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Cyrus Sarvestaney.(JRK) |
| Filing 1 COMPLAINT against CMS Medicare Medicaid Servies, Catholic Health Association of the United States, Douglas Cropper, Thomas Waterman, Cassie Welt, filed by Cyrus Sarvestaney. (Attachments: #1 Exhibits)(JRK) |
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