Lettieri v. Federal Medical Center Devens, et al
| DAVID CARMINE LETTIERI |
| FMC DEVENS, FMC DEVENS MAILROOM, UNIT TEAM MANAGER ENGLISH, LUSSIER, Mailroom Supervisor, B LINNOTA, F BOWENS, S GUNDLEZ, LAURA TAYLOR SWAIN and FMC DEVENS MAILROOM CORRECTION OFFICER |
| 25-1812 |
| August 25, 2025 |
| U.S. Court of Appeals, First Circuit |
| Civil Rights (Habeas Corpus) |
Docket Report
This docket was last retrieved on October 17, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| RESPONSE filed by Appellant David Carmine Lettieri to the court's order dated September 30, 2025 [ # 6754300-5 ]. Certificate of service was not included. [25-1812] (GB) [Entered: 10/20/2025 12:36 PM] |
ORDER to Show Cause entered. Upon review, it appears that Appellant David C. Lettieri is ineligible to bring an appeal in a civil action in forma pauperis or to pay the filing fee in installments under the Prison Litigation Reform Act, 28 U.S.C. 1915, because Appellant has filed more than three lawsuits that have been dismissed for failure to state a claim upon which relief may be granted. Pursuant to 28 U.S.C. 1915(g), an appellant who has "three strikes" against them may not appeal from a judgment in a civil action without prepaying the full fee unless they are "under imminent danger of serious physical injury." Accordingly, Appellant is ordered either to pay the full $605 filing fee in the district court and submit proof of having done so, or to show cause in writing why this appeal should be allowed to proceed. The failure to take either action by October 14, 2025 , will lead to dismissal of the appeal for lack of diligent prosecution. [25-1812] (GB) [Entered: 09/30/2025 09:21 AM]
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| BRIEFING schedule set. Brief due 11/03/2025 for appellant David Carmine Lettieri. 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. [25-1812] (GB) [Entered: 09/22/2025 04:57 PM] |
| LETTER filed by Appellant David Carmine Lettieri in 25-1367, 25-1152, 25-1503, 25-1504, 25-1505, 25-1151, 25-1577, 25-1812. Certificate of service was not included. [25-1367, 25-1503, 25-1504, 25-1505, 25-1151, 25-1152, 25-1515, 25-1577, 25-1812]. CLERK'S NOTE: Docket entry was edited to replace an attachment and modify the docket text. (GB) [Entered: 09/24/2025 02:11 PM] |
| Request to proceed in forma pauperis filed by Appellant David Carmine Lettieri is pending in the Court of Appeals. [25-1812] (GB) [Entered: 09/15/2025 11:30 AM] |
| MOTION to proceed in forma pauperis (Form 4) filed by Appellant David Carmine Lettieri. Certificate of service was not included. [25-1812] (GB) [Entered: 09/05/2025 04:42 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #8) filed by Appellant David Carmine Lettieri. Fee due 09/08/2025 . [25-1812] (GB) [Entered: 08/25/2025 11:49 AM] |
| Request to proceed in forma pauperis on appeal filed by Appellant David Carmine Lettieri was denied in the district court by order dated 08/22/2025. Fee due 09/08/2025 . [25-1812] (GB) [Entered: 08/25/2025 12:01 PM] |
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ORDER to Show Cause entered. Upon review, it appears that Appellant David C. Lettieri is ineligible to bring an appeal in a civil action in forma pauperis or to pay the filing fee in installments under the Prison Litigation Reform Act, 28 U.S.C. 1915, because Appellant has filed more than three lawsuits that have been dismissed for failure to state a claim upon which relief may be granted. Pursuant to 28 U.S.C. 1915(g), an appellant who has "three strikes" against them may not appeal from a judgment in a civil action without prepaying the full fee unless they are "under imminent danger of serious physical injury." Accordingly, Appellant is ordered either to pay the full $605 filing fee in the district court and submit proof of having done so, or to show cause in writing why this appeal should be allowed to proceed. The failure to take either action by October 14, 2025 , will lead to dismissal of the appeal for lack of diligent prosecution. [25-1812] (GB) [Entered: 09/30/2025 09:21 AM]