Benoit v. Fahey
| TYSON J. BENOIT |
| SEAN P. FAHEY, Prison Guard, MCI Cedar Junction |
| 21-1732 |
| September 20, 2021 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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| Document Text |
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ORDER directing payment of the filing fee under PLRA. [21-1732] (KPC) [Entered: 10/06/2021 03:33 PM]
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| NOTICE issued. After 10/19/2021, the following attorney will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Tonya E. Platt-Rutherford for Sean P. Fahey. [21-1732] (JMK) [Entered: 10/05/2021 04:59 PM] |
| PLRA RESPONSE (PLRA Forms 1 and 2) filed by Appellant Tyson J. Benoit. [21-1732] (JMK) [Entered: 10/05/2021 03:41 PM] |
| Motion for show of cause why appeal should not be dismissed as untimely filed by Appellant Tyson J. Benoit. Certificate of service dated 09/23/2021. [21-1732] (JMK) [Entered: 09/27/2021 04:34 PM] |
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ORDER entered: Plaintiff-appellant Tyson J. Benoit filed a notice of appeal on September 15, 2021 from the order entered on August 2, 2021 in Civil Action No. 1:20-cv-11028-LTS (D. Mass.). Upon review of the record in this case, it appears that this appeal should be dismissed as untimely. See Fed. R. App. P. 4(a) (notice of appeal in civil case must be filed within thirty days of judgment or order appealed from). Accordingly, it is hereby ordered that appellant either move for voluntary dismissal under Fed. R. App. P. 42(b) or show cause, in writing, why this appeal should not be dismissed. The failure to take either action by October 4, 2021 will lead to dismissal of the appeal for lack of diligent prosecution. See 1st Cir. R. 3.0(b). [21-1732] (JMK) [Entered: 09/20/2021 01:53 PM]
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| PLRA LETTER issued. IFP was granted in district court. PLRA forms sent. PLRA response due 10/04/2021 . [21-1732] (JMK) [Entered: 09/20/2021 02:01 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #32) filed by Appellant Tyson J. Benoit. Fee due 10/04/2021 . [21-1732] (JMK) [Entered: 09/20/2021 11:13 AM] |
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| Plaintiff / appellant: TYSON J. BENOIT | |
| Represented By: | Tyson J. Benoit |
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| Defendant / appellee: SEAN P. FAHEY, Prison Guard, MCI Cedar Junction | |
| Represented By: | Tonya E. Platt-Rutherford |
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