Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Edwards v. Obadina

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


October 5, 2010

MICHAEL EDWARDS, PLAINTIFF,
v.
DR. OBADINA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

This matter is before the Court on Plaintiff's motion for relief from final order (Doc. 42). Plaintiff filed a prisoner civil rights complaint (Doc. 1) which this Court dismissed pursuant to 28 U.S.C. § 1915A. See (Docs. 7 and 8).

Plaintiff filed a notice of appeal (Doc. 9) with respect to this Court's dismissal of his complaint. This appeal was assigned Case No. 09-3988 by the Seventh Circuit Court of Appeals. Plaintiff also requested leave to proceed in forma pauperis with respect to this appeal (Doc. 14). This Court denied Plaintiff leave to proceed in forma pauperis on appeal with respect to Case No. 09-3988. See (Doc. 18). The Seventh Circuit, however, determined that this Court had improperly denied Plaintiff leave to proceed in forma pauperis on appeal with respect to Case No. 09-3988. See (Doc. 35). Accordingly, the Seventh Circuit Court of Appeals granted Plaintiff leave to proceed in forma pauperis on appeal with respect to Case No. 09-3988 and directed this Court to assess and collect an initial partial filing fee. Id. As directed by the Court of Appeals, this Court assessed an initial partial filing fee of $15.13 (Doc. 38) which Plaintiff paid on or about July 15, 2010. This Court's records reveal that Case No. 09-3988 is still pending before the Court of Appeals.

Inexplicably and unnecessarily, Plaintiff also filed two more notices of appeal in this case. See (Docs. 20 and 29). These additional notices of appeal were assigned the following case numbers by the Seventh Circuit Court of Appeals: 10-1413 and 10-1630. Plaintiff sought leave to proceed in forma pauperis with respect to Case No. 10-1413, see (Doc. 21), but not Case No. 10-1630. This Court denied Plaintiff's motion to proceed in forma pauperis on appeal with respect to Case No. 10-1413. See (Doc. 25). The Seventh Circuit ultimately dismissed both Case No. 10-1413 and Case No. 10-1630. See (Docs. 37 and 41).

Because Plaintiff's appeal from this Court's Orders dismissing his complaint (Docs. 7 and 8) arecurrently pending before the Seventh Circuit of Appeals as Case No. 09-3988; because the Seventh Circuit Court of Appeals granted Plaintiff leave to proceed in forma pauperis on appeal with respect to Case No. 09-3988; and because Plaintiff has paid the initial filing fee assessed by this Court for Case No. 09-3988, Plaintiff's motion for relief from final order (Doc. 42) is DENIED as moot.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20101005

© 1992-2010 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.