Fishman v. Massachusetts Probate and Family Court, et al
| DEBORAH FISHMAN |
| MASSACHUSETTS PROBATE AND FAMILY COURT and JUDGE CHRISTINE ANTHONY, in her official capacity |
| 23-2042 |
| December 5, 2023 |
| U.S. Court of Appeals, First Circuit |
| Amer. w/Disabilities - Other |
Docket Report
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| Document Text |
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| MOTION No Consolidate Appeals 23-2042 + 24-1047 Disability filed by Appellant Deborah Fishman. Served on 01/22/2024. [23-2042] (DF) [Entered: 01/22/2024 04:41 PM] |
ORDER entered by Julie Rikelman, Appellate Judge: Plaintiff-Appellant Deborah Fishman has filed multiple motions and other papers in this matter, requesting multiple forms of relief, including relief from the opening brief deadline currently set for January 22, 2024, and leave to present the current requests and other issues orally. In light of the motion, the previously-entered briefing schedule is stayed pending further order of this court. The court will address the other aspects of Fishman's pending motions shortly and will enter a new or updated briefing schedule in due course, if necessary. [23-2042] (JW) [Entered: 01/19/2024 05:42 PM]
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| EMERGENCY MOTION to vacate the briefing schedule and to be heard orally before a 3-judge panel in lieu of a brief filed by Appellant Deborah Fishman. Served on 01/18/2024. [23-2042] CLERK'S NOTE: Relief selection was incorrect and docket entry was edited to modify the docket text. Correction made by clerk's office. No further action required. . (DF) [Entered: 01/18/2024 05:30 PM] |
| EXHIBITS to Emergency Motion Three Appellate Judge Hearing- Exh A-G filed by Appellant Deborah Fishman. Served on 01/18/2024. [23-2042] CLERK'S NOTE: Docket entry was edited to modify the docket text. (DF) [Entered: 01/18/2024 06:51 PM] |
| EMERGENCY MOTION to remand case filed by Appellant Deborah Fishman. [23-2042] CLERK'S NOTE: Docket entry was edited to modify the docket text. (DF) [Entered: 01/02/2024 02:31 PM] |
| LETTER regarding appellees non-participation in appeal filed by filed by Attorney Timothy J. Casey for Appellees Christine Anthony and Massachusetts Probate and Family Court. Served on 12/15/2023. [23-2042] (JW) [Entered: 12/20/2023 03:58 PM] |
| BRIEFING schedule set. Brief due 01/22/2024 for appellant Deborah Fishman. 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. [23-2042] (JW) [Entered: 12/12/2023 05:41 PM] |
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ORDER entered by William J. Kayatta, Jr., Appellate Judge: With her December 4, 2023, Notice of Appeal, Plaintiff-Appellant Deborah Fishman also filed an "emergency" motion seeking a variety of relief. The requests set out in the motion are resolved as follows. Fishman seeks to have this matter transferred "to different First Circuit Appellate RI or NH." However, this court, the United States Court of Appeals for the First Circuit, is the appropriate venue for appeals of judgments entered by the district courts for the districts of Rhode Island, New Hampshire, Massachusetts, Maine, and/or Puerto Rico. See 28 U.S.C. 41. To the extent Fishman seeks transfer of 1:23-cv-12868-FDS, a proceeding currently pending in the District of Massachusetts, she should seek transfer relief in the district court in the first instance. Likewise, to the extent Fishman asks this court to consider a motion for a restraining order or injunctive relief currently pending in 1:23-cv-12868-FDS, that motion should be addressed by the district court in the first instance, and this appeal, which stems from a different district court matter, 1:23-cv-12459-WGY, would not be an appropriate resort in any event. On that note, this is an appeal from the dismissal of the mandamus petition filed in 1:23-cv-12459-WGY. This appeal is not an appropriate venue for litigation of matters related to still-pending 1:23-cv-12868-FDS, and Fishman should refrain from arguing issues related to 1:23-cv-12868-FDS in this appeal. Regarding Fishman's request to proceed in forma pauperis on appeal, per Federal Rule of Appellate Procedure 24(a)(1), she should file a motion to proceed in forma pauperis on appeal in the district court proceeding underlying this appeal (1:23-cv-12459-WGY). Regarding Fishman's requests for e-file privileges, her attention is directed to Local Rule 25.0(c), which provides guidance regarding e-file registration by pro se litigants. See also https://www.ca1.uscourts.gov/cmecf. Fishman preemptively seeks several forms of accommodation. This court will direct proceedings in this matter by entering orders, notices, and briefing schedules as appropriate. Upon receipt of such orders, notices, and briefing schedules, Fishman timely may file motions seeking accommodations relevant to specific deadlines, requirements, etc., set by the court or by relevant rules. Each such request will be assessed by the court when presented. Any other request for relief set out in the "emergency" motion is denied . [23-2042] (JW) [Entered: 12/08/2023 12:31 PM]
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| MOTION for Emergency Transfer of Appeal 23-cv-12459 to COA RI or NH, for Emergency Transfer of 23-cv-12868 to District Court of RI or NH (contained within Notice of Appeal) filed by Appellant Deborah Fishman. Certificate of service was not included. [23-2042] (JW) [Entered: 12/05/2023 02:21 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #13) filed by Appellant Deborah Fishman. [23-2042] (JW) [Entered: 12/05/2023 02:09 PM] |
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