Velasquez v. Marte
| DIEGO VELASQUEZ |
| CARLOS MARTE |
| 22-1214 |
| March 24, 2022 |
| U.S. Court of Appeals, First Circuit |
| Freedom of Information Act |
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ORDER entered. In an order entered on April 14, 2022 in No. 1:22-cv-00074-WES (D.R.I.), the district court certified, pursuant to 28 U.S.C. 1915(a)(3) and Fed. R. App. P. 24(a)(3)(A), that this appeal is not taken in good faith. If appellant seeks to challenge the district court's certification, he must file a motion pursuant to Fed. R. App. P. 24(a)(5), provided that he does so before June 13, 2022. Accordingly, on or before June 13, 2022, appellant must either pay the $505 filing fee to the district court or file a motion in this court pursuant to Fed. R. App. P. 24(a)(5). Failure to take either action will lead to dismissal of the appeal for lack of prosecution. See 1st Cir. R. 3.0(b). [22-1214] (GAK) [Entered: 05/13/2022 04:39 PM]
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| Request to proceed in forma pauperis on appeal filed by Appellant Diego Velasquez was denied in the district court by order dated 04/14/2022. Fee due 05/23/2022. [22-1214] (DO) [Entered: 05/09/2022 11:17 AM] |
| SUPPLEMENTAL record filed. Docket entries: Electronic order entered on 4/14/2022 denying in forma pauperis status on appeal. [22-1214] (DO) [Entered: 05/09/2022 11:16 AM] |
| THREE (3) paper copies of appellant/petitioner brief [ # 6489742-2 ] submitted by Appellant Diego Velasquez. [22-1214] (ATC) [Entered: 05/03/2022 02:11 PM] |
| MOTION to proceed in forma pauperis filed by Appellant Diego Velasquez. Certificate of service was not included. [22-1214] (JMK) [Entered: 05/03/2022 03:07 PM] |
| NOTICE of default and intent to dismiss issued for failure to file paper copies of the appellant's brief [ # 6489742-2 ]. Paper copies of the brief are due 05/05/2022 for Diego Velasquez or this case may be dismissed in accordance with 1st Cir. R. 3.0(b) for lack of prosecution. [22-1214] (JMK) [Entered: 04/28/2022 01:24 PM] |
| MOTION to proceed in forma pauperis filed by Appellant Diego Velasquez. Certificate of service was not included. [22-1214] (JMK) [Entered: 04/14/2022 04:16 PM] |
| APPELLANT'S BRIEF filed by Appellant Diego Velasquez. Number of copies: 1. Served on 04/14/2022. Three paper copies identical to that of the filed brief must be submitted so that they are received by the court on or before 04/21/2022 . Brief due 05/16/2022 for APPELLEE Carlos Marte. [22-1214] (JMK) [Entered: 04/14/2022 04:07 PM] |
| BRIEFING schedule set. Brief due 05/16/2022 for appellant Diego Velasquez. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. Please see the court's general order issued April 20, 2020, requiring the electronic filing of appendices. [22-1214] (JMK) [Entered: 04/06/2022 08:27 AM] |
| A review of the district court docket indicates that a request to proceed in forma pauperis is pending for Appellant Diego Velasquez. [22-1214] (GAK) [Entered: 04/05/2022 03:56 PM] |
| RESPONSE filed by Appellant Diego Velasquez to order [ # 6485733-3 ]. Certificate of service was not included. [22-1214] (JMK) [Entered: 04/05/2022 03:27 PM] |
| MOTION to proceed in forma pauperis filed by Appellant Diego Velasquez. Certificate of service was not included. [22-1214] (JMK) [Entered: 04/05/2022 03:28 PM] |
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ORDER entered: This court has docketed plaintiff-appellant Diego Velasquez' appeal from the judgment entered on March 14, 2022 in No. 1:22-cv-00074-WES (D.R.I.) as Appeal No. 22-1214. The notice of appeal was not signed. 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 Diego Velasquez and direct that he return a signed copy to this court. The failure by the appellant to return a signed copy of the notice of appeal on or before April 11, 2022 may lead to dismissal of his appeal for lack of diligent prosecution. See 1st. Cir. R. 3.0(b). [22-1214] (JMK) [Entered: 03/28/2022 04:09 PM]
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| CIVIL CASE docketed. Notice of appeal (doc. #7) filed by Appellant Diego Velasquez. Fee due 04/07/2022. [22-1214] (JMK) [Entered: 03/24/2022 02:53 PM] |
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| Plaintiff / appellant: DIEGO VELASQUEZ | |
| Represented By: | Diego Velasquez |
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| Defendant / appellee: CARLOS MARTE | |
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