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15-1347 - WHITE v. POORE


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15-1347 - WHITE v. POORE
September 3, 2015
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ENTRY Discussing Complaint. Claims shall proceed as claims that Ms. Poore exhibited deliberate indifference to Mr. White's serious medical needs in violation of the Eighth Amendment to the United States Constitution. See Estelle v. Gamble, 429 U.S. 97, 104 (1976). Any claim against Ms. Poore in her official capacity is dismissed. Omosegbon v. Wells, 335 F.3d 668, 673 (7th Cir. 2003) (the state is not a "person" that can be sued under 42 U.S.C. ยง 1983). The defendant has already appeared and filed an answer. A scheduling order will issue through a separate Entry. If the plaintiff believes he has asserted claims which were not addressed in this Entry, he shall have through September 21, 2015, in with to so notify the Court. Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 9/3/2015.(MAC)
January 4, 2016
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ORDER granting 9 Motion for Judgment on the Pleadings and denying as moot 11, 13 and 14 Motions. Judgment consistent with this Entry shall now issue. Signed by Judge Tanya Walton Pratt on 1/4/2016 (dist made) (CBU)
January 26, 2016
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Entry Denying Motion for Reconsideration - Plaintiff has identified no manifest error of law or newly discovered evidence here. As explained in the Order Granting the Defendant's Motion for Judgment on the Pleadings, the complaint was dismissed because it was barred by res judicata. It was the plaintiff's duty when he brought the first lawsuit to allege every claim related to those facts at issue in the first lawsuit at that time. Res Judicata bars a plaintiff from "relitigating issues that were or could have been raised" in a previous action. Highway J Citizens Grp. v. U.S. Dep't of Transp., 456 F.3d 734, 741 (7th Cir. 2006). That is what the plaintiff is attempting to do here. Accordingly, his motion for reconsideration [dkt 17] is denied. Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 1/26/2016. (JLS)
February 3, 2017
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ENTRY DENYING MOTION FOR SUMMARY JUDGMENT - For the foregoing reasons, White's Motion for Summary Judgment (Filing No. 39) is DENIED. This action shall continue to proceed as directed in the Entry Setting Pretrial Schedule of October 25, 2016. (See Entry.) Signed by Judge Tanya Walton Pratt on 2/3/2017. (JLS)
February 23, 2017
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ENTRY DENYING MOTION TO RECONSIDER - To prevail on a motion to reconsider, White must show that the summary judgment ruling was based on an error of fact or law or that the Court misunderstood his motion. He has not shown any of these things. White may eventually prevail on his claims against Poore, but he has not shown that he is entitled to judgment as a matter of law. Accordingly, the motion to reconsider [dkt 44] is denied. (See Entry.) Signed by Judge Tanya Walton Pratt on 2/23/2017. (JLS)
December 27, 2017
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ORDER denying [65 and 69] Motions for Leave to Appeal in forma pauperis. Signed by Judge Tanya Walton Pratt on 12/27/2017. (CBU)