Failure to State Claim

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7^th Circuit Court of Appeals

Case Name: Isabella Nartey v. Franciscan Health Hospital

Case No.: 19-3342

Officials: HAMILTON, SCUDDER, and KIRSCH, Circuit Judges.

Focus: Failure to State Claim

In August 2016 Millicent Nartey was admitted to a hospital where she suffered a stroke and eventually passed away. Her daughter, Isabella Nartey, sued the hospital, alleging that its treatment did not comply with federal and state law. The district court dismissed the complaint but allowed Nartey 30 days to file an amended one. Nartey missed the deadline, leading the district court to enter judgment against her. Nartey failed to file a formal notice of appeal within the initial time limit prescribed by Federal Rule of Appellate Procedure 4, causing us to question our jurisdiction to hear this appeal. But we can still reach the merits of Nartey’s arguments because she gave sufficient notice of her intent to appeal in other timely post‐judgment filings. In the end, though, we agree with the district court that Nartey failed to state a claim, and so we affirm the dismissal of her complaint.

Affirmed

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Derek A Hawkins is Corporate Counsel, at Salesforce.