James v. Saint Bernard Hospital et al
| Ned James |
| Gilberto Arevalo, Jay Pamintuan, Saint Bernard Hospital, Matthew McCormick and Lydia De Leon |
| 1:2012cv03963 |
| May 21, 2012 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Sharon Johnson Coleman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
50
MEMORANDUM Opinion and Order:Because this Court does not have jurisdiction over any of the Plaintiff's claims, his complaint is dismissed. If the Plaintiff wishes to sue any of the Defendants at issue in this dismissal order, he must attempt t o do so in state court, if such a claim would be timely. See Moore, 2013 WL 141143, at *2(citing Turner v. Jackson Park Hosp., 264 Fed. Appx. 527, 529-30 (7th Cir. 2008)). The Plaintiff should be mindful that the statute of limitations for medical malpractice actions in Illinois is two years, see 735 ILCS 5/13-212, and "Illinois law does not toll the statute of limitations for prisoners." Moore, 2013 WL 141143, at *2 (citing Schweihs Burdick, 96 F.3d 917, 919; (7th Cir. 1996); Turner-El v. Davis, No. 10 C 5188, 2010 WL 3526379, at *1 (N.D. Ill. Aug. 30, 2010)). Defendant's motion to dismiss 29 is moot. Civil case terminated. Signed by the Honorable Thomas M. Durkin on 4/2/2014:Mailed notice(srn, )
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Filing
8
WRITTEN Opinion entered by the Honorable Sharon Johnson Coleman on 10/29/2012: Plaintiff's in form a pauperis motion [ 7 ] is granted. The trust fund account officer at Plaintiff's place of confinement is instructed to make deductions from Plaintiff's account in accordance with this order. Plaintiff's complaint is dismissed without prejudice to Plaintiff submitting an amended complaint that provides sufficient notice to the Defendants what his claims are and the ground s upon which his claims are based. Plaintiff is given 30 days from the date of this order to submit an amended complaint. His failure to do so will result in the dismissal of this case. The clerk is directed to send an amended complaint form to Plaintiff. (For further details see Written Opinion). Mailed notice. (et, )
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