Szczesny v. Saul
| SOCIAL SECURITY ADMINISTRATION COMMISSIONER and ANDREW M. SAUL, Commssioner of Social Security |
| KAZIMIERZ JAN SZCZESNY and KAZIMIERZ JAN SZCZESNY, JR. |
| SOCIAL SECURITY ADMINISTRATION |
| 20-1659 |
| July 7, 2020 |
| U.S. Court of Appeals, First Circuit |
| Other |
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| RESPONSE filed by Appellant Kazimierz Jan Szczesny, Jr. to order show cause [ # 6361899-2 ]. Certificate of service was not included. [20-1659] (AL) [Entered: 09/03/2020 11:38 AM] |
ORDER to Show Cause entered directing appellant to show cause why this appeal should not be dismissed: We note that the notice of appeal was not signed by Kazimierz Jan Szczesny, Jr. While Fed. R. Civ. P. 11(a) and Fed. R. App. P. 1(a)(2) require that a notice of appeal be signed by an attorney or pro se party, this requirement is not jurisdictional and may be cured. See Becker v. Montgomery , 532 U.S. 757, 757 (2001). Accordingly, we transmit the notice of appeal to plaintiff-appellant Kazimierz Jan Szczesny, Jr. and direct that he return a signed copy to this court on or before September 4, 2020 . Further, while the notice of appeal states that Kazimierz Jan Szczesny, Sr. is representing his son on appeal, Kazimierz Jan Szczesny, Sr. is a non-attorney pro se litigant. Thus, it appears that he may not represent appellant before this court and the appeal may not proceed unless an attorney promptly enters an appearance. See 28 U.S.C. 1654 (permitting a parties to "conduct their own cases personally or by counsel" (emphasis added)); Accordingly, on or before September 4, 2020 , if counsel has not yet filed an appearance form on behalf of Kazimierz Jan Szczesny, Jr., plaintiff-appellant must show cause why his father, Kazimierz Jan Szczesny, Sr., may represent him on appeal. Failure to comply with this order could lead to dismissal of the appeal for lack of diligent prosecution. See 1st Cir. R. 3.0(b). [20-1659] (AL) [Entered: 08/21/2020 01:03 PM]
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| NOTICE of appearance filed by Party Kazimierz Jan Szczesny. Certificate of service was not included. [20-1659] (AL) [Entered: 07/22/2020 03:14 PM] |
| NOTICE of appearance on behalf of Appellee Social Security Administration Commissioner filed by Attorney Sean Santen. Certificate of service dated 07/09/2020. [20-1659] (SS) [Entered: 07/09/2020 09:16 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #28) filed by Appellant Kazimierz Jan Szczesny. Fee due 07/21/2020. [20-1659] (AL) [Entered: 07/07/2020 11:39 AM] |
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