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UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

CHICAGO, IL 60604

CIRCUIT RULE 3 (b) NOTICE





DATE: APRIL 28, 1994



RE: Osterbur, James F. V. USA

appeal No.: 94-1944

District court no: 94-c-2060





TO James F. Osterbur





Circuit rule 3 (b) empowers the clerk to dismiss an appeal if the docket fee is not paid within fourteen days of the docketing of the appeal. This appeal was docketed on 4/26/94. The district court has indicated that as of 4/21/94 the docket fee has not been paid. Depending on the circumstances, you must do one of the following:



1. Pay the required $100. docketing fee Plus $5.00 notice of appeal filing fee to the district court clerk., if you have not already done so. The court of appeals cannot accept this fee. You should keep a copy of the receipt for your records.



2. File a motion to proceed on appeal in forma pauperis with the district court. An original and three (3) copies of that motion, with proof of service on your opponent, in the form of a sworn statement listing the assets and income of the appellant(s).



If one of the above stated actions is not taken, the appeal will be dismissed.



PLEASE DO NOT ATTEMPT TO FILE the appellants brief in this appeal until either the docketing fee has been paid or leave to proceed on appeal in forma pauperis has been granted. The clerk's office is not authorized to file any party's brief until one or the other of the above requirements has been met. Briefs sent before then will be returned. The mere filing of a motion to proceed in forma pauperis does not meet this requirement; an order granting such a motion will have had to be entered.



(2071-120393









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UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT, CHICAGO IL 60604



RULE TO SHOW CAUSE CIRCUIT RULE 3 (C) JURISDICTIONAL STATEMENT



DATED MAY 5, 1994



BY THE COURT

NO 94-1944



JAMES F. OSTERBUR

PLAINTIFF/ APPELLANT

V.

UNITED STATES OF AMERICA, STATE OF ILL, AND COVENANT MEDICAL CENTER OF CHAMPAIGN/ URBANA

DEFENDANTS/ APPELLEE



JAMES F. OSTERBUR



Appeal from the United States District court for the central district of Ill, Danville division no. 94-2060, Harold A. Baker judge



circuit rule 3 (c) directs the appellant to file and serve a jurisdictional statement, which meets the requirements of circuit rule 28 b, with the clerk of the district court at the time of the filing of the notice of appeal or with the clerk of this court within seven days of filing the notice of appeal.



Your rule 3(c) jurisdictional statement has not been filed to date, accordingly;

IT IS ORDERED that the appellant file this overdue jurisdictional statement with the clerk of this court within fourteen days (14) of the date of this order. Failure to do so will result in a one hundred dollar ($100.00) fine and / or dismissal of this appeal.



NOTE: please caption document "circuit rule 3 (c) JURISDICTIONAL STATEMENT". The filing of a "jurisdictional memorandum" which may have been specifically ordered by the court does not satisfy your obligation under circuit rule 3(c).



Richard N. Cox.

Rosalyn B. Kaplan















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RE 94-1944 & 94-1944



from JAMES F. OSTERBUR



YOUR letter dated April 29, 1994 circuit rule 3 (b) notice says, "DO NOT attempt to file the appellant brief until fee is paid or forma pauperis is granted." Forma pauperis is still in limbo!











































































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IN THE UNITED STATES COURT OF APPEALS, FOR THE

SEVENTH CIRCUIT



NO 94-1944



JAMES F. OSTERBUR

PLAINTIFF/ APPELLANT

V.

UNITED STATES OF AMERICA

STATE OF ILLINOIS

COVENANT MEDICAL CENTER OF CHAMPAIGN URBANA

DEFENDANT/ APPELLEE



appeal from the United states district court central district of IL, Danville division

NO. 94-c-2060 Harold A. Baker, united states district judge



MOTION OF THE UNITED STATES ATTORNEY FOR THE CENTRAL

DISTRICT OF ILLINOIS FOR ORDER OF NON-INVOLVEMENT

DUE TO LACK OF SERVICE IN DISTRICT COURT



Frances C. Hulin, United States Attorney for the central district of Ill, by David H. Hoff, assistant United States attorney, requests that this court enter an order of non-involvement due to the fact that no agency or department on behalf of the united states of america was served with process in the district court.

Since no federal agency, department, or employee was served with process, and since no federal agency, department or employee participated in the proceedings before the district court, the united states of america should not be a party to this appeal.

Respectfully submitted this 23rd day of may 1994



Frances C. Hulin

United states attorney



United States Attorney

14 towne centre

2 E. Main st

Danville, IL 61832

217/ 446-8546

















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UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT, CHICAGO, IL 60604



NO APPELLEE BRIEF TO BE FILED





DATE MAY 24, 1994



BY THE COURT



NO. 94-1944



JAMES F. OSTERBUR

PLAINTIFF/ APPELLANT

V.

UNITED STATES OF AMERICA,

STATE OF ILLINOIS

COVENANT MEDICAL CENTER OF CHAMPAIGN/ URBANA

DEFENDANT/ APPELLEE



appeal from the united states district court for the central district of IL, Danville division NO. 94-2060 Harold A. Baker Judge



` The united states attorney for the central district of IL has advised this court on 5/24/94 that an appellee was not served with process in the district court and will not be proceeding in this appeal. Accordingly



IT IS ORDERED that this appeal will be submitted for decision without the filing of a brief by the appellees.

































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UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT, CHICAGO, IL 60604



DATED MAY 26, 1994





BY THE COURT



JAMES F. OSTERBUR

PLAINTIFF/ APPELLANT

V.

UNITED STATES OF AMERICA

STATE OF ILLINOIS

COVENANT MEDICAL CENTER OF CHAMPAIGN/ URBANA

DEFENDANT/ APPELLEE



NO. 94-C- 2060



appeal from the united states district court for the central district of Illinois, danville division/ Harold A. Baker, Judge





Upon consideration of the REBUTTAL OF MOTION FOR ORDER OF NON-INVOLVEMENT, DATED MAY 17, 1994 filed 5/25/94 by the pro se appellant, which the court construes as a motion to reconsider the order of 5/20/94



IT IS ORDERED, that the motion to reconsider is DENIED.





































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UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT, CHICAGO, IL 60604



CIRCUIT RULE 3 (B) NOTICE



DATED MAY 31, 1994



NO. 94-1944



JAMES F. OSTERBUR

PLAINTIFF/ APPELLANT

V.

UNITED STATES OF AMERICA,

STATE OF ILL

COVENANT MEDICAL CENTER OF CHAMPAIGN/ URBANA

DEFENDANT/ APPELLEE



TO JAMES F. OSTERBUR



appeal from the united states district court, for the central division of ILL, Danville division no 94-c-2060 harold a baker Judge



This court's records indicate that on 5/25/94 the district court denied your motion to proceed in forma pauperis.



WITHIN THE NEXT 30 DAYS YOU MUST EITHER:

1. pay the required $100 docketing fee PLUS the $5.00 filing fee (105 total) to the district court clerk. the court of appeals cannot accept this fee. You should keep a copy of the receipt for your records.



2. File a motion to proceed in forma pauperis with the court of appeals. An original and three (3) copies of that motion, with proof of service on your opponent, is required. This motion must be supported by an affidavit in the form of a sworn statement listing your assets and income.

[was done]



IF ONE OF THE ABOVE ACTIONS IS NOT TAKEN WITHIN 30 DAYS FROM THE DATE LISTED ABOVE, YOUR CASE WILL BE DISMISSED, PURSUANT TO CIRCUIT RULE 3 (B).













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NO. 94-1944



IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT



JAMES F. OSTERBUR

plaintiff/ appellant

V.



U.S.A. Et. al.

Defendants



on appeal from the united states district court for the central district of IL Danville division

no. 94-c-2060 Harold A. Baker judge presiding



MOTION OF THE ATTORNEY GENERAL FOR ORDER OF NON-INVOLVEMENT DUE TO LACK OF SERVICE IN THE TRIAL COURT



Now come the defendants, all state defendants, by and through their attorney ROLAND W. BURRIS, attorney general of the state of ill, and hereby move this court for an order of non-involvement by these defendants in this appeal. They have not been served with summons and , therefore are not involved in this case. Since these persons, named as defendants are not parties to this appeal, the undersigned respectfully requests that Roland W. Burris, the attorney general of Ill, and all assistant attorneys general be deleted as counsel.











































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UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT, CHICAGO, IL 60604



DATED JUNE 23, 1994



BY THE COURT



NO 94-1944



JAMES F. OSTERBUR

PLAINTIFF/ APPELLANT

V.

UNITED STATES OF AMERICA

STATE OF ILL

COVENANT MEDICAL CENTER OF CHAMPAIGN/ URBANA

DEFENDANT/ APPELLEE





appeal from the united states district court for the central district of Ill, Danville division no 94-c-2060 Harold A Baker Judge





The court on its own motion, ORDERS that briefing is SUSPENDED pending a ruling on appellants motion to proceed on appeal in forma pauperis