IN THE SUPREME COURT OF ILLINOIS
Supreme court building   200 E. Capital Springfield IL 62701

dated 2/ 7 /11

James Frank Osterbur               )    Appellate court 4th district
2191 county road 2500 E.         )       Gen no 4-10-0679
St. Joseph   IL 61873                 )Judges: Sue E Myerscough
www.justtalking3.info               )             M. Carol Pope
petitioner/ plaintiff.                   )        Thomas R  Appleton

                                         )       Champaign  Circuit court
Provena Covenant Medical       )        6th judicial circuit
1400 W.  Park                           )          Case no 09-LM-1414
Urbana IL 61801                        )     Thomas J. Difanis  presiding judge
respondent/ defendant

AFFIDAVIT

I, James F. Osterbur;   do hereby swear and affirm, I have not at any time asked for or received an extension of time regarding this case in the state supreme court of IL or any other state.  Neither have I asked for an extension of time for any motion/ and distinctly NOT this motion of instanter.

I do further state: that the foundation for this motion is clearly and strictly the result of a failure within the appellate court to properly advise or provide the appropriate documentation with judicial signatures; as would have allowed me to proceed within the allotted time frame.  Consequently this motion is directly conceived as, a failure due to the appellate court, and its judicial staff.

This affidavit is substantively added to the single filed document mailed/ and thereby covered under the proof of service and notice filed therein; as to the mailings delivered and where.

A docketing fee of twenty five dollars is hereby included as the personal check of James F. Osterbur