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Lewis v. Grubman

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 17, 2009

TIMOTHY LEWIS, PLAINTIFF,
v.
PAM GRUBMAN, AND WILLIAM REES, DEFENDANTS.

The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

Before the Court is a pleading filed by plaintiff which he has titled "Statement of Claim: Deliberate Indifference." (Doc. 140).

After a two-day trial, the jury returned a verdict in favor of defendants Grubman and Rees on February 11, 2009. See, Doc. 131. On March 18, 2009, plaintiff filed a pro se motion in which he asked this Court to "reverse" the jury's verdict and to extend the time for filing a notice of appeal. The Court considered the motion under Fed.R.Civ.P. 60, and found that it did not present grounds for relief from the judgment. The Court also extended the time for filing a notice of appeal to April 13, 2009. See, Doc. 138. The instant pleading was mailed by plaintiff on April 10, 2009.

Although it is not labeled as such, the Court construes Doc. 140 as a Notice of Appeal. This construction is warranted because plaintiff sought an extension in which to file a notice of appeal, Doc. 140 was filed within the extension, and the relief sought by plaintiff is that the case "be reversed and remanded for a new trial." Doc. 140, p. 3. Further, plaintiff's certificate of service refers to a notice of appeal, and states that he will be filing a motion for leave to proceed in forma pauperis.

For the foregoing reasons, the Court directs the Clerk of Court to docket and process Doc. 140 as a Notice of Appeal.

IT IS SO ORDERED.

CLIFFORD J. PROUD UNITED STATES MAGISTRATE JUDGE

20090417

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