Lee Blankenship v. Kimberly Birch

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
May 13, 2015
Before
No. 13‐3296
LEE BLANKENSHIP,
Plaintiff‐Appellant,
v.
KIMBERLY BIRCH,
Defendant‐Appellee.
Appeal from the United States District
Court for the Southern District of Illinois.
No. 10‐542‐GPM
G. Patrick Murphy,
Judge.
O R D E R
Upon consideration of the Petition for Rehearing filed by Plaintiff‐Appellant on
March 5, 2015, this court’s order of November 5, 2014 is amended as follows. In all other
respects, all members of the original panel have voted to deny the petition for rehearing.
No active judge called for a vote on the petition for rehearing en banc. Accordingly, in all
other respects, the petition for rehearing is D ENIED.
1) In the third paragraph: Delete the words “Two months” in the fourth sentence
of the third paragraph of the order, and begin the sentence with “After.” In the
RICHARD D. CUDAHY, Circuit Judge
MICHAEL S. KANNE, Circuit Judge
ANN CLAIRE WILLIAMS, Circuit Judge

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No. 13‐3296 Page 2
final sentence, delete the phrase “he reported no pain, and” and begin the
sentence with “Dr. Birch.”
2) In the penultimate paragraph delete the two sentences beginning with the
phrase “to the contrary, his medical records are devoid of any complaints
about elbow pain” and ending with the phrase “surgery is not a cure.”

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