Freiberg v. Alves
| RICHARD S. FREIBERG |
| NELSON ALVES, Superintendent |
| 23-1171 |
| February 28, 2023 |
| U.S. Court of Appeals, First Circuit |
| General (Habeas Corpus) |
Docket Report
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| MOTION to proceed in forma pauperis filed by Appellant Richard S. Freiberg. Served on 04/18/2023. [23-1171] (GB) [Entered: 04/25/2023 03:47 PM] |
ORDER entered. This court has docketed petitioner's appeal from the denial of his petition for writ of habeas corpus under 28 U.S.C. 2254. 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 March 13, 2023. Petitioner-appellant has filed a request for a certificate of appealability in the court of appeals. However, this court cannot consider the request until appellant either pays the docketing fee or moves for in forma pauperis status in accordance with Fed. R. App. P. 24. Petitioner-appellant is advised that by May 8, 2023, he must either 1) pay the $505 fee to the district court, or 2) file in the district court a motion to proceed in forma pauperis accompanied by Form 4, Financial Affidavit, and prison trust account statement, if incarcerated. See Fed. R. App. P. 24; Form 4. A copy of Form 4 is enclosed for petitioner-appellant. If petitioner-appellant does not notify this court that he has paid the fee, or if he does not file a motion to proceed in forma pauperis on or before May 8, 2023, his appeal may be dismissed pursuant to 1st Cir. R. 3.0(b). If petitioner-appellant timely pays the filing fee or moves for in forma pauperis status on appeal and is granted such status, the case will be submitted to this court for a determination whether a certificate should issue. If a certificate is denied, the appeal will be terminated. [23-1171] (GAK) [Entered: 04/06/2023 10:26 AM]
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| MOTION for certificate of appealability filed by Appellant Richard S. Freiberg. Served on 03/24/2023. [23-1171] (JAW) [Entered: 03/28/2023 10:45 PM] |
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ORDER directing petitioner to file a request for a certificate of appealability in this court by 04/13/2023. Date of denial by district court: March 13., 2023. [23-1171] (GAK) [Entered: 03/14/2023 01:11 PM]
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SUPPLEMENTAL record filed. Docket entries: 27 (USCA Order directing district court to issue or deny a certificate of appealability) and 28 (Order entered on March 13, 2023 by Judge Saris denying a certificate of appealability). [23-1171] (GAK) [Entered: 03/14/2023 12:55 PM]
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ORDER directing district court to issue or deny a certificate of appealability. [23-1171] (JAW) [Entered: 03/03/2023 04:22 PM]
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| CIVIL CASE docketed. Notice of appeal (doc. #24) filed by Appellant Richard S. Freiberg. Fee due 03/14/2023. [23-1171] (JAW) [Entered: 02/28/2023 05:48 PM] |
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| Petitioner / appellant: RICHARD S. FREIBERG | |
| Represented By: | Richard S. Freiberg |
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| Respondent / appellee: NELSON ALVES, Superintendent | |
| Represented By: | Maria Granik |
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