Mullane v. United States Department of Justice, et al
| JONATHAN MULLANE |
| UNITED STATES DEPARTMENT OF JUSTICE and US SECURITIES & EXCHANGE COMMISSION |
| 23-1104 |
| February 3, 2023 |
| U.S. Court of Appeals, First Circuit |
| Freedom of Information Act |
Docket Report
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| RESPONSE to March 9, 2023, show cause order [ # 6554198-3 ] for limited orders subject to appeal in case No. 23-1104 filed by Appellant Jonathan Mullane. Served on 03/17/2023. [23-1104] CLERK'S NOTE: Docket entry was edited to modify the docket text. (EPM) [Entered: 03/17/2023 05:49 PM] |
ORDER entered: Appellant Jonathan Mullane filed a notice of appeal on January 30, 2023 (D.E. 118), from the orders and judgment entered on February 27, 2020 (D.E. 18); October 20, 2020 (D.E. 35-36); March 19, 2021 (D.E. 66); February 14, 2022 (D.E. 86-88, 90); and January 25, 2023 (D.E. 110-115) in Civil Action No. 1:19-cv-12379-DJC (D. Mass.). Upon review of the record in this case, it appears that this appeal is timely only as to the January 25, 2023, orders. See 28 U.S.C. 2107(b)(2); Fed. R. App. P. 4(a)(1)(B)(ii) (notice of appeal in civil case with United States agency as a party must be filed within sixty days after judgment or order appealed from); see also Fed. R. App. P. 4(a)(4)(A)-(B) (listing tolling motions and stating a Rule 60 motion will only toll the time to file a notice of appeal "if filed no later than 28 days after the judgment is entered"). Additionally, the filing fee for this appeal remains unpaid. As directed in the case opening notice, dated February 3, 2023, failure to pay the filing fee or file a motion seeking in forma pauperis status with the district court within fourteen days of the date of that notice, may result in the appeal being dismissed for lack of prosecution. 1st Cir. R. 3.0(b). Accordingly, appellant is directed to pay the $505.00 filing fee or to file a compliant request to appeal with in forma pauperis (IFP) status before the district court by March 23, 2023 . Failure to comply will result in this appeal being dismissed for lack of prosecution pursuant to Local Rule 3.0(b). By that same deadline, appellant may also show cause as to why the appeal should include review of the orders and judgment entered on February 27, 2020; October 20, 2020; March 19, 2021; and February 14, 2022. Should the fee be paid but no other response to this order be received by March 23, 2023 , this appeal will proceed only as to the district court orders entered on January 25, 2023, adjudicating the parties' post-judgment motions. Appellant's motion to correct or consolidate the dockets for appeal nos. 23-1094 and 23-1104 remains pending before the court and will be addressed after March 23, 2023 , assuming it is not mooted at that point. [23-1104] (ALW) [Entered: 03/09/2023 10:51 AM]
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| DOCKETING statement filed by Appellant Jonathan Mullane. Served on 02/21/2023. [23-1104] (EPM) [Entered: 02/21/2023 01:58 PM] |
| TRANSCRIPT report/order form filed by Appellant Jonathan Mullane indicating transcripts are not necessary for this appeal. Served on 02/21/2023. [23-1104] (EPM) [Entered: 02/21/2023 02:42 PM] |
| NOTICE of default and intent to dismiss issued. The appellant is directed to file a docketing statement and transcript report/order form or this case will be dismissed for lack of prosecution in accordance with 1st Cir. R. 3.0(b). Docketing Statement and Transcript report/order form due 03/07/2023. [23-1104] (ALW) [Entered: 02/21/2023 12:37 PM] |
| RESPONSE filed by Appellees SEC and United States Department of Justice in 23-1094, 23-1104 to [ # 6548018-2 ], [ # 6548018-3 ]. Served on 02/21/2023. [23-1094, 23-1104] (JNC) [Entered: 02/21/2023 09:45 AM] |
| NOTICE of appearance on behalf of Appellees United States Department of Justice and SEC filed by Attorney Julian N. Canzoneri. Served on 02/16/2023. [23-1104] (JNC) [Entered: 02/16/2023 11:19 AM] |
| MOTION to correct or consolidate cases filed by Appellant Jonathan Mullane in 23-1094, 23-1104. Served on 02/08/2023. [23-1094, 23-1104] CLERK'S NOTE: Relief selection was incomplete. Correction made by clerk's office. No further action required. (EPM) [Entered: 02/08/2023 11:06 AM] |
| NOTICE of appearance on behalf of Appellant Jonathan Mullane filed by Attorney E. Peter Mullane. Served on 02/07/2023. [23-1104] CLERK'S NOTE: Document should not have been filed in additional case, 23-1094. Correction made by clerk's office. No further action required. (EPM) [Entered: 02/07/2023 12:52 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #118 ) filed by Appellant Jonathan Mullane. Docketing Statement, Transcript Report/Order form, Appearance form and Fee due 02/17/2023. [23-1104] (ALW) [Entered: 02/03/2023 09:47 PM] |
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