Benitez Caceres, et al v. U.S. Bank Trust National Association
| MIRCA BENITEZ CACERES, GUILLERMO CACERES, ISRAEL CACERES and RAMON GRANADOS |
| U.S. BANK NATIONAL ASSOCIATION, as Trustee |
| 24-1324 |
| April 4, 2024 |
| U.S. Court of Appeals, First Circuit |
| All Other Real Property |
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ORDER to Show Cause entered: This court has docketed Plaintiffs-Appellants Mirca Benitez Caceres, Guillermo Caceres, Ramon Granados, and Israel Caceres' pro se notice of appeal (D.E. 29) challenging the order and judgment dismissing the case issued on March 15, 2024 (Dist. Ct. D.E. 28) in Civil Action No. 1:22-cv-00097-WES-PAS (D.R.I.). We note that the notice of appeal is signed only by Appellant Mirca Benitez Caceres. The notice of appeal appears sufficient as to Mirca Benitez Caceres and Guillermo Caceres, who appears to be her spouse. See Fed. R. App. P. 3(c)(2) ("A pro se notice of appeal is considered filed on behalf of the signer and the signers spouse and minor children (if they are parties), unless the notice clearly indicates otherwise."). The notice of appeal is not signed by Ramon Granados or Israel Caceres. 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. See Becker v. Montgomery , 532 U.S. 757, 757 (2001) (holding that the signature requirement on a notice of appeal is not jurisdictional and may be cured). Accordingly, we transmit the notice of appeal to Ramon Granados and Israel Caceres and direct that they return a signed copy to this court . In the alternative, Plaintiffs-Appellants may submit a document explaining why the notice of appeal (Dist. Ct. D.E. 29) is sufficient as to Ramon Grandos and Israel Caceres. The failure to return a signed copy of the notice of appeal, or to submit a written explanation concerning the notice of appeal, on or before May 21, 2024 may lead to dismissal of the appeal as to Ramon Granados and Israel Caceres for lack of diligent prosecution. See 1st Cir. R. 3.0(b). [24-1324] (AVN) [Entered: 05/07/2024 03:10 PM]
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| CIVIL CASE docketed. Notice of appeal (doc. #29) filed by Appellants Mirca Benitez Caceres, Guillermo Caceres, Israel Caceres and Ramon Granados. [24-1324] (AVN) [Entered: 04/04/2024 03:41 PM] |
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