Tavares v. Macomber, et al
| RHODE ISLAND DEPARTMENT OF CORRECTIONS and PATRICIA ANNE COYNE-FAGUE, in her official capacity as Director of the Rhode Island Department of Corrections |
| VICTOR A. TAVARES |
| C/O SPADONI, C/O SANTA GATA, C/O ANTONELLI, JOSHUA MACOMBER, Lieutenant, ACETO, Warden, LT. DIVINE, MOORE, Deputy Warden and C/O SANTAGATA |
| 20-1921 |
| September 24, 2020 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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ORDER entered by Sandra L. Lynch, Appellate Judge: Plaintiff-appellant Victor Tavares' "Petition for Payment Plan" is denied. [20-1921] (CMP) [Entered: 11/12/2020 05:12 PM]
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| PETITION for a payment plan filed by Appellant Victor A. Tavares. Certificate of service was not included. [20-1921] (CMP) [Entered: 10/29/2020 04:49 PM] |
| TRANSCRIPT report/order form filed by Appellant Victor A. Tavares indicating transcripts are not necessary for this appeal. Certificate of service was not included. [20-1921] (CMP) [Entered: 10/19/2020 04:27 PM] |
| NOTICE of appearance on behalf of Appellees Aceto, C/O Antonelli, Lt. Divine, Joshua Macomber, Moore, C/O Santagata and C/O Spadoni filed by Attorney Andrea M. Shea. Certificate of service dated 10/08/2020. [20-1921] (AMS) [Entered: 10/08/2020 09:26 AM] |
| NOTICE of appearance on behalf of Appellees Aceto, C/O Antonelli, Lt. Divine, Joshua Macomber, Moore, C/O Santagata and C/O Spadoni filed by Attorney Matthew I. Shaw. Certificate of service dated 10/07/2020. [20-1921] (MIS) [Entered: 10/07/2020 03:22 PM] |
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ORDER extending time to file a transcript report/order form. Transcript report/order form due 10/20/2020. [20-1921] (CMP) [Entered: 10/06/2020 08:21 AM]
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ORDER: Upon review, it appears that appellant Victor Tavares is ineligible to bring an appeal in a civil action in forma pauperis or to pay the filing fee in installments under the Prison Litigation Reform Act, 28 U.S.C. ' 1915, because he has filed more than three lawsuits that have been dismissed as frivolous. Pursuant to 28 U.S.C. ' 1915(g), an appellant who has "three strikes" against him may not appeal from a judgment in a civil action without prepaying the full fee unless he is "under imminent danger of serious physical injury." Accordingly, appellant is ordered either to pay the full $505 filing fee in the district court and submit proof of having done so, or show cause in writing why this appeal should be allowed to proceed. The failure to take either action by October 20, 2020 will lead to dismissal of the appeal for lack of diligent prosecution. See 1st Cir. Loc. R. 3.0(b). [20-1921] (CMP) [Entered: 10/06/2020 12:57 PM]
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| LETTER sent to Appellant Victor A. Tavares in response to his recent correspondence dated September 30, 2020. [20-1921] (CMP) [Entered: 10/06/2020 01:51 PM] |
| DOCKET sheet sent to appellant. [20-1921] (CMP) [Entered: 10/06/2020 03:25 PM] |
| LETTER filed by Appellant Victor A. Tavares requesting essential forms for appeal. Certificate of service was not included. [20-1921] (CMP) [Entered: 10/05/2020 12:23 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #104) filed by Appellant Victor A. Tavares. Fee due 10/08/2020. Transcript Report/Order form due 10/08/2020. [20-1921] (CMP) [Entered: 09/24/2020 02:03 PM] |
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