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 ANTONELLI, JOSHUA MACOMBER, Lieutenant, ACETO, Warden, LT. DIVINE, MOORE, Deputy Warden and C/O SANTAGATA |
| 20-1952 |
| October 19, 2020 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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| Document Text |
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| JUDGMENT dismissing case pursuant to Fed. R. App. P. 42(b). [20-1952] (CMP) [Entered: 11/24/2020 09:17 AM] |
| MANDATE issued. [20-1952] (CMP) [Entered: 11/24/2020 09:20 AM] |
| MOTION to terminate filed by Appellant Victor A. Tavares. Certificate of service was not included. [20-1952] (CMP) [Entered: 11/09/2020 04:32 PM] |
ORDER entered: On September 30, 2020, plaintiff-appellant Victor A. Tavares filed a notice of appeal (No. 107) in No.1:18-cv-00606-MSM (D.R.I.) from the judgment entered on September 3, 2020. This court has docketed that appeal as No. 20-1952. On September 22, 2020, plaintiff-appellant filed another notice of appeal (No. 104) from the same judgment. This court has docketed that appeal as No. 20-1921. Appeal No. 20-1952 appears to be duplicative of Appeal No. 20-1921. Further, 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." Because two cases are unnecessary to appeal the district court's judgment, plaintiff-appellant is ordered either to move for voluntary dismissal of Appeal No. 20-1952 pursuant to Fed. R. App. P. 42(b), or to show cause, in writing filed no later than November 12, 2020 , why both cases should remain open. Appellant is also 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 both actions by November 12, 2020 , may result in dismissal of Appeal No. 20-1952 for lack of diligent prosecution. [20-1952] (MNH) [Entered: 10/28/2020 09:51 AM]
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| CIVIL CASE docketed. Notice of appeal (doc. #107) filed by Appellant Victor A. Tavares. Fee due 11/02/2020. [20-1952] (MNH) [Entered: 10/19/2020 04:54 PM] |
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