Thomas v. Luna, et al
| ROBERT E. THOMAS |
| FNU MARTINEZ, Assistant Warden of Operations, FNU SCHERIBER, Assistant Warden of Programs, RICHARD A. LUNA, Warden, FCI Berlin, FNU CARNIS, Unit Manager for A-Unit, MAURY YEAKEL, Record Office Supervisor, FNU ROULEAU, CMC, FNU SHULER, Case Manager for A-1, ROBERT HAZLEWOOD, in their individual capacity and TEAM ROME, Designation & Sentence Computation Center, Grand Prairie, Texas |
| 24-1730 |
| August 14, 2024 |
| U.S. Court of Appeals, First Circuit |
| Civil Rights (Habeas Corpus) |
Docket Report
This docket was last retrieved on September 24, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| RESPONSE filed by Appellant Robert E. Thomas to the court's order dated September 13, 2024 [ # 6667355-3 ]. Certificate of service was not included. [24-1730] (JW) [Entered: 09/26/2024 05:15 PM] |
| MOTION for appointment of counsel filed by Appellant Robert E. Thomas. [24-1730] (JW) [Entered: 09/17/2024 02:45 PM] |
| Request to proceed in forma pauperis on appeal filed by Appellant Robert E. Thomas was granted in the district court by order dated 09/10/2024. [24-1730] (JW) [Entered: 09/13/2024 01:55 PM] |
ORDER entered: This court has docketed plaintiff-appellant Robert E. Thomas's appeal from the judgment entered on July 26, 2024 in No.1:23-cv-00224-SE (D.N.H.) as Appeal No. 24-1730. The notice of appeal was not signed. 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). Accordingly, we transmit the notice of appeal to plaintiff-appellant Robert E. Thomas and direct that a signed copy of the notice of appeal be returned to this court. The failure by the appellant to return a signed copy of the notice of appeal on or before September 27, 2024 may lead to dismissal of the appeal for lack of diligent prosecution. See 1st. Cir. R. 3.0(b). [24-1730] (JW) [Entered: 09/13/2024 03:25 PM]
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| SUPPLEMENTAL record filed. Docket entry: Electronic Order granting Motion to Proceed In Forma Pauperis on Appeal. [24-1730] (JW) [Entered: 09/13/2024 01:53 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #9) filed by Appellant Robert E. Thomas. [24-1730]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (JW) [Entered: 08/14/2024 10:36 PM] |
| 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). [24-1730] (JW) [Entered: 08/14/2024 10:45 PM] |
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ORDER entered: This court has docketed plaintiff-appellant Robert E. Thomas's appeal from the judgment entered on July 26, 2024 in No.1:23-cv-00224-SE (D.N.H.) as Appeal No. 24-1730. The notice of appeal was not signed. 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). Accordingly, we transmit the notice of appeal to plaintiff-appellant Robert E. Thomas and direct that a signed copy of the notice of appeal be returned to this court. The failure by the appellant to return a signed copy of the notice of appeal on or before September 27, 2024 may lead to dismissal of the appeal for lack of diligent prosecution. See 1st. Cir. R. 3.0(b). [24-1730] (JW) [Entered: 09/13/2024 03:25 PM]