Jules v. Alves
| JEAN CLAUDE JULES |
| NELSON ALVES, Superintendent, MCI-Norfolk |
| 22-1651 |
| August 18, 2022 |
| U.S. Court of Appeals, First Circuit |
| General (Habeas Corpus) |
Docket Report
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| A review of the district court docket indicates that a request to proceed in forma pauperis is pending for Appellant Jean Claude Jules. [22-1651] (CMP) [Entered: 10/13/2022 08:57 AM] |
| COURTESY copy of filing in District Court (Motion to proceed in forma pauperis w/affidavit ) filed by Appellant Jean Claude Jules. [22-1651] (CMP) [Entered: 10/11/2022 04:51 PM] |
| LETTER sent to Appellant Jean Claude Jules in response to his recent letter dated September 16, 2022. [22-1651] (CMP) [Entered: 09/23/2022 10:14 AM] |
ORDER: Upon consideration of Appellant Jean Claude Jules' letter dated September 16, 2022, the time for appellant to comply with this Court's September 8, 2022 order is enlarged to and including October 7, 2022 . A copy of the September 8, 2022 order and its attachment are enclosed with this order. [22-1651] (CMP) [Entered: 09/23/2022 09:50 AM]
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| LETTER filed by Appellant Jean Claude Jules concerning in forma pauperis status. Certificate of service was not included. [22-1651] (CMP) [Entered: 09/19/2022 04:29 PM] |
| SIGNED NOTICE OF APPEAL and motion to waive filing certificate of appealability filed by Appellant Jean Claude Jules. [22-1651]. ]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (CMP) [Entered: 09/12/2022 04:46 PM] |
| NOTICE of default and intent to dismiss for failure to pay the filing fee. Fee due 09/22/2022. [22-1651] (CMP) [Entered: 09/08/2022 03:19 PM] |
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ORDER: This court has docketed petitioner-appellant Jean Claude Jules' appeal from the order of dismissal entered on August 9, 2022 in No. 1:22-cv-10458-IT (D. Mass.) as Appeal No. 22-1651. 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. Accordingly, we transmit the notice of appeal to petitioner-appellant Jean Claude Jules and direct that the appellant 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 September 19, 2022 may lead to dismissal of the appeal for lack of diligent prosecution. Further, it appears that the case cannot go forward unless a certificate of appealability issues. 28 U.S.C. 2253. The district court declined to issue a certificate of appealability on August 9, 2022. Petitioner-appellant is ordered to file a memorandum requesting issuance of a certificate of appealability in this court by September 26, 2020 . The memorandum should set forth specific facts, reasons, and issues supporting the issuance of a certificate. See 1st Cir. R. 22.0(b). See also 28 U.S.C. ' 2253(c)(2) (in order for a certificate to be granted, applicant must make substantial showing of the denial of a constitutional right). After September 28, 2020 , whether or not petitioner-appellant has filed a memorandum, the case will be submitted to the court for a determination as to whether a certificate should issue. If a certificate is denied, the appeal will be terminated. [22-1651] (CMP) [Entered: 08/29/2022 01:58 PM]
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| CIVIL CASE docketed. Notice of appeal (doc. #17) filed by Appellant Jean Claude Jules. Fee due 09/01/2022. [22-1651] (CMP) [Entered: 08/18/2022 11:56 AM] |
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| Petitioner / appellant: JEAN CLAUDE JULES | |
| Represented By: | Jean Claude Jules |
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| Respondent / appellee: NELSON ALVES, Superintendent, MCI-Norfolk | |
| Represented By: | Maria Granik |
| Represented By: | Susanne G. Reardon |
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