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GAY v. FREY

No. 5-07-0561.

905 N.E.2d 333 (2009)

388 Ill. App.3d 827

Anthony T. GAY, Inmate No. B62251, Plaintiff-Appellant, v. R. Shelton FREY, Alan Reagan, John Branch, Homer Markel, Charles Roper, Kelly Rhodes, and Marvin Powers, M.D., Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

March 13, 2009.

Attorney(s) appearing for the Case

Anthony Gay, Tamms, IL, pro se.

Craig L. Unrath, Karen L. Kendall, Heyl, Royster, Voelker & Allen, Peoria, IL, Theresa M. Powell, Springfield, IL, for Marvin Powers, M.D.

Lisa Madigan, Attorney General, State of Illinois, Michael A. Scodro, Solicitor General, Elaine Wyder-Harshman, Assistant Attorney General, Chicago, IL, for R. Shelton Frey, Alan Reagan, John Branch, Homer Markel, Charles Roper, and Kelly Rhodes.

Justice SPOMER delivered the opinion of the court:

When basic, ministerial tasks are not competently performed, otherwise routine matters turn into problems. This case illustrates what happens when pleadings are not timely file-stamped and placed into the court file by the circuit clerk's office. The plaintiff, Anthony T. Gay, inmate No. B62251 in the Department of Corrections (Department), appeals from the September 24, 2007, order of the circuit court of Alexander...

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