Rosario v. Luna
| IVAN ROSARIO |
| RICHARD A. LUNA, Warden, FCI Berlin |
| 24-1422 |
| May 2, 2024 |
| U.S. Court of Appeals, First Circuit |
| General (Habeas Corpus) |
Docket Report
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| NOTICE of appearance on behalf of Appellee Richard A. Luna filed by Attorney Anna Dronzek. Served on 06/11/2024. [24-1422] (AD) [Entered: 06/11/2024 01:13 PM] |
ORDER entered: Treating appellant's financial affidavit as a motion to proceed on appeal in forma pauperis ("IFP"), we transmit said request to the district court Docket No. 1:22-cv-00175-JL (D.N.H.) for action in the first instance. See Fed. R. App. P. 24(a)(1). Copies of the district court's ruling shall be forwarded to this court. The district court, if it denies the motion, is requested to state its reasons in writing. Fed. R. App. P. 24(a)(2). If appellant is not granted in forma pauperis status by the district court, appellant may file a motion to proceed in forma pauperis in this court in accordance with Fed. R. App. P. 24(a)(5). [24-1422] (ALW) [Entered: 06/11/2024 04:54 PM]
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| A review of the district court docket indicates that a request to proceed in forma pauperis is pending for Appellant Ivan Rosario. [24-1422] (ALW) [Entered: 06/11/2024 05:37 PM] |
| MOTION to proceed in forma pauperis filed by Appellant Ivan Rosario. Certificate of service was not included. [24-1422] (ALW) [Entered: 06/07/2024 04:51 PM] |
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ORDER entered: The notice of default issued on May 17, 2024 is hereby vacated, as it issued in error. The court is in receipt of a letter from Appellant Ivan Rosario, dated May 10, 2024, inquiring about the status of this appeal's filing fee. Appellant is advised that a $605 filing fee is required in this case. The time to pay the filing fee in the District Court of New Hampshire isenlarged to and including May 31, 2024 . If Appellant is indigent and unable to pay the fee, Appellant may file a motion for leave to proceed in forma pauperis ("IFP") in the district court pursuant to Fed. R. App. P. 24. A compliant request for IFP status consists of a motion, fully completed Form 4, Financial Affidavit, and prison trust account statement, if incarcerated. [24-1422] (ALW) [Entered: 05/17/2024 05:17 PM]
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| LETTER regarding appeal filed by Appellant Ivan Rosario. Certificate of service was not included. [24-1422] (ALW) [Entered: 05/17/2024 03:24 PM] |
| BRIEFING schedule set. Brief due 06/26/2024 for appellant Ivan Rosario. 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. [24-1422] (ALW) [Entered: 05/17/2024 10:45 AM] |
| NOTICE of default and intent to dismiss for failure to pay the filing fee. Fee due 05/31/2024 . [24-1422] (ALW) [Entered: 05/17/2024 11:19 AM] |
| Public docket note: Richard A. Luna was named the Warden of Federal Correctional Institution, Berlin in September 2022. We have substituted him for Robert Hazelwood, as the appellee. See Fed. R. App. P. 43(c)(2). [24-1422] (ALW) [Entered: 05/02/2024 06:27 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #28 ) filed by Appellant Ivan Rosario. Fee due 05/17/2024 . [24-1422] (ALW) [Entered: 05/02/2024 06:06 PM] |
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| Petitioner: IVAN ROSARIO | |
| Represented By: | Ivan Rosario |
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| Respondent: RICHARD A. LUNA, Warden, FCI Berlin | |
| Represented By: | David M. Lieberman |
| Represented By: | Anna Dronzek |
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