Gevas v. Shearing et al

Filing 18

ORDER DENYING 8 Motion to Proceed without Written Report. Signed by Magistrate Judge Donald G. Wilkerson on 5/9/14. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DAVID C. GEVAS,
Plaintiff,
v.
R. SHEARING, et al.,
Defendants.

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Case No. 3:14-cv-134-JPG-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court is the Motion to Proceed without Written Report and
Affidavit filed by Plaintiff, David C. Gevas, on April 17, 2014 (ECF 8). The Motion is DENIED.
Plaintiff’s complaint alleged claims of medical malpractice related to the medical care that
he received while an inmate at the Menard Correctional Center. On April 19, 2014, these state
law medical malpractice claims were dismissed without prejudice because Plaintiff failed to attach
a report and affidavit, for each Defendant, as required by state law (ECF 5). See 735 ILL. COMP.
STAT. §5/2-622(a) and (b) (as amended by P.A. 90-579, effective May 1, 1998). In the Motion,
Plaintiff seeks to proceed on the medical malpractice claims without providing the necessary
affidavit and report. In support, Plaintiff states that he is unable, because of his incarceration, to
acquire the necessary documents and that expert testimony is not required in this matter. There is
no statute or rule of law that would exempt Plaintiff from the affidavit/report requirements of state
law because of his incarcerated status. Moreover, the fact that expert discovery may not be
required in this matter does not negate the necessity of the documents to proceed on Plaintiff’s
state law claims.
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Plaintiff’s Motion to Proceed without written Report and Affidavit is accordingly
DENIED (ECF 8).
IT IS SO ORDERED.
DATED: May 9, 2014

DONALD G. WILKERSON
United States Magistrate Judge

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