Smith v. Roger Williams University School of Law, et al
| US DEPARTMENT OF EDUCATION, JARED A. GOLDSTEIN, TANYA MONESTEIR, JONATHAN M. GUTOFF, OLIVIA MILONAS, JENNA WIMS HASHWAY, MICHAEL YELONSKY, WILLIAM E. SMITH, Justice of the United States District Court as Chair of the RWU Law Board of Directors and FRANCIS X. FLAHERTY, as former Vice Chair of the RWU Law Board of Directors |
| JIMMY SMITH, and similarly situated persons |
| ROGER WILLIAMS UNIVERSITY SCHOOL OF LAW and AMERICAN BAR ASSOCIATION |
| 23-1261 |
| March 22, 2023 |
| U.S. Court of Appeals, First Circuit |
| Civil Rights |
Docket Report
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| Request to proceed in forma pauperis filed by Appellant Jimmy Smith is pending in the Court of Appeals. [23-1261] (JMK) [Entered: 05/10/2023 01:05 PM] |
| MOTION to proceed in forma pauperis filed by Appellant Jimmy Smith. Served on 05/08/2023. [23-1261] (JS) [Entered: 05/08/2023 08:36 PM] |
| MOTION to reschedule filed by Appellant Jimmy Smith in 23-1285, 23-1261. Served on 04/24/2023. [23-1285, 23-1261] (AL) [Entered: 05/04/2023 11:12 AM] |
| RESPONSE filed by Appellant Jimmy Smith to to dismiss case [ # 6557231-2 ]. Served on 05/01/2023. [23-1261] (JS) [Entered: 05/01/2023 11:16 PM] |
| RESPONSE filed by Appellee Roger Williams University School of Law to for transcript at government expense [ # 6564484-2 ]. Served on 04/28/2023. [23-1261] (SMR) [Entered: 04/28/2023 08:33 AM] |
| MOTION for transcript at government expense and RESPONSE to [ # 6561775-2 ], transcript order rescinded [ # 6561775-3 ], [ # 6560482-2 ] filed by Appellant Jimmy Smith. Served on 04/27/2023. [23-1261] (JS) [Entered: 04/27/2023 03:03 PM] |
ORDER entered: The district court clerk's office has advised that the transcript of the case management conference held on May 24, 2021 in No. 1:21-cv-00133-PJB (D.R.I.) is unavailable as the hearing was not recorded. Accordingly, on or before April 27, 2023 appellant must advise this court as to whether he intends to prepare a statement of evidence or proceedings pursuant to Fed. R. App. P. 10(c) or whether the case can proceed to briefing on the present record on appeal. Appellant's failure to comply with this order will result in the automatic issuance of a briefing schedule. [23-1261] (ATC) [Entered: 04/13/2023 03:06 PM]
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ORDER granting motion to withdraw as counsel filed by Appellee Roger Williams University School of Law. [23-1261] (JMK) [Entered: 04/12/2023 04:00 PM]
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| MOTION for Attorney Caitlyn Smith to withdraw as counsel filed by Appellee Roger Williams University School of Law. Served on 04/12/2023. [23-1261] (CS) [Entered: 04/12/2023 09:48 AM] |
| TRANSCRIPT report/order form filed by Appellant Jimmy Smith indicating transcripts are being ordered. Served on 04/06/2023. [23-1261] (JS) [Entered: 04/06/2023 10:35 PM] |
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ORDER entered: In an order entered April 4, 2023 in civil case 1:21-cv-00133-PJB, the district court certified pursuant to 28 U.S.C. 1915(a)(3) and Fed. R. App. P. 24(a)(3)(A) that the appeal is not taken in good faith. If appellant seeks to challenge the district court's certification, appellant must file a motion pursuant to Fed. R. App. P. 24(a)(5) before May 8, 2023 . Accordingly, on or before May 8, 2023 , 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). [23-1261] (JMK) [Entered: 04/06/2023 08:34 AM]
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| SUPPLEMENTAL record filed. Docket entries: Text order denying motion for leave to appeal in forma pauperis, entered April 4, 2023. [23-1261] (JMK) [Entered: 04/05/2023 02:43 PM] |
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ORDER entered. Appellant Jimmy Smith's motion to extend time to file the docketing statement is moot as appellant is not required to file a docketing statement. Appellant's motion to extend time to file the Transcript Report/Order Form is granted. The Transcript Report/Order Form is to be filed by April 6, 2023 . Appellant's motion to extend time to file a response to the motion to dismiss is granted, and appellant's response is to be filed by May 1, 2023 . No further extension of the response deadline should be expected. [23-1261] (GB) [Entered: 04/03/2023 05:51 PM]
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| MOTION to extend time to file the docketing statement and transcript report/order form , and MOTION to extend time to file a response to appellee's motion to dismiss, filed by Appellant Jimmy Smith. Served on 03/30/2023. [23-1261] CLERK'S NOTE: Docket entry was edited to modify the docket text. (JS) [Entered: 03/30/2023 11:05 AM] |
| A review of the district court docket indicates that a request to proceed in forma pauperis is pending for Appellant Jimmy Smith. [23-1261] (JMK) [Entered: 03/28/2023 02:21 PM] |
| SUPPLEMENTAL record filed. Docket entries: 102 - Defendant Roger Williams University Law School's Motion to Dismiss and Memorandum, filed March 21, 2023; Docket entries: 103 - Notice of Rule 16(b) Scheduling Conference, entered March 24, 2023; Docket entries: 104 - Plaintiff's Motion to Proceed on Appeal Without Prepayment of Fees, filed March 28, 2023. [23-1261] (JMK) [Entered: 03/28/2023 02:20 PM] |
| MOTION to dismiss case filed by Appellee Roger Williams University School of Law. Served on 03/23/2023. [23-1261] (SMR) [Entered: 03/23/2023 08:06 AM] |
| NOTICE of appearance on behalf of Appellee Roger Williams University School of Law filed by Attorney Steven M. Richard. Served on 03/22/2023. [23-1261] (SMR) [Entered: 03/22/2023 04:11 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #99) filed by Appellant Jimmy Smith. [23-1261] (JMK) [Entered: 03/22/2023 04:02 PM] |
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