Balcacer v. Divris
Petitioner: JOSE F. BALCACER
Respondent: MATTHEW DIVRIS, Superintendent NCCI Gardner
Case Number: 26-1088
Filed: January 29, 2026
Court: U.S. Court of Appeals, First Circuit
Nature of Suit: General (Habeas Corpus)
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Docket Report

This docket was last retrieved on July 21, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 21, 2026 APPELLEE'S BRIEF filed by Appellee Matthew Divris. Served on 07/17/2026. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 07/28/2026 . Reply brief due 08/07/2026 for APPELLANT Jose F. Balcacer. [26-1088] (SRS) [Entered: 07/21/2026 04:23 PM]
July 17, 2026 BRIEF tendered by Appellee Matthew Divris. [26-1088] (TLJ) [Entered: 07/17/2026 05:03 PM]
June 30, 2026 Opinion or Order ORDER entered: Upon consideration of motion, it is ordered that the time for Appellee Matthew Divris to file a brief be enlarged to and including July 17, 2026 . No further extension of this deadline should be expected. [26-1088] (JW) [Entered: 06/30/2026 05:40 PM]
June 26, 2026 MOTION to extend time to file brief filed by Appellee Matthew Divris. Served on 06/26/2026. [26-1088] (TLJ) [Entered: 06/26/2026 11:15 AM]
May 28, 2026 TWO (2) paper copies of appendix [ # 6799569-2 ] submitted by Appellant Jose F. Balcacer. [26-1088] (SRS) [Entered: 05/28/2026 04:37 PM]
May 28, 2026 Opinion or Order ORDER entered: Upon consideration, Appellant Jose F. Balcacer's motion for leave to file the paper copies of the appendix instanter is allowed. Appellant's paper copies of the appendix are accepted for filing on this date. [26-1088] (JW) [Entered: 05/28/2026 03:33 PM]
May 12, 2026 MOTION for leave to file paper copies of appendix out of time filed by Appellant Jose F. Balcacer. Served on 05/12/2026. [26-1088] CLERK'S NOTE: Docket entry was edited to modify the docket text. (ALC) [Entered: 05/12/2026 03:32 PM]
April 22, 2026 Opinion or Order ORDER granting motion to extend time to file brief filed by Appellee Matthew Divris. Brief due 06/30/2026 for appellee Matthew Divris. We are disinclined to grant a request for further enlargement of this deadline. [26-1088] (JW) [Entered: 04/22/2026 03:07 PM]
April 17, 2026 MOTION to extend time to file brief filed by Appellee Matthew Divris. Served on 04/17/2026. [26-1088] (TLJ) [Entered: 04/17/2026 04:44 PM]
April 17, 2026 NOTICE of appearance filed by Attorney Tara Lyn Johnston for Appellee Matthew Divris. Served on 04/08/2026. [26-1088] (JW) [Entered: 04/17/2026 03:33 PM]
April 17, 2026 Opinion or Order ORDER entered: Attorney Tara L. Johnston has filed a motion seeking leave to file a late appearance on behalf of Appellee Matthew Divris. The motion is denied as moot. Additional or new attorneys may file an appearance without leave of the court any time before the Appellee brief is filed. See 1st Cir. R. 12.0(a). Attorney Johnston's notice of appearance is accepted for filing as of this date. [26-1088] (JW) [Entered: 04/17/2026 03:30 PM]
April 13, 2026 FOUR (4) paper copies of appellant's brief [ # 6797424-2 ] submitted by Appellant Jose F. Balcacer. [26-1088] (SRS) [Entered: 04/22/2026 09:00 AM]
April 8, 2026 MOTION requesting leave for Attorney Tara L. Johnston to enter an appearance filed by Appellee Matthew Divris. Served on 04/08/2026. [26-1088] (TLJ) [Entered: 04/08/2026 10:09 AM]
April 7, 2026 APPENDIX filed by Appellant Jose F. Balcacer. Served on 04/06/2026. Two paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 04/14/2026. [26-1088]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (NP) [Entered: 04/07/2026 12:52 PM]
April 6, 2026 APPENDIX tendered by Appellant Jose F. Balcacer. Served on 04/06/2026. [26-1088] (ALC) [Entered: 04/06/2026 10:13 AM]
April 3, 2026 Opinion or Order ORDER entered by Joshua D. Dunlap, Appellate Judge: Upon consideration, Appellant Jose F. Balcacer's motion to waive filing paper copies of Appellant's principal brief and appendix is granted in part . Appellant shall submit four paper copies of their principal brief on or before April 13, 2026 , and two paper copies of their appendix after it is accepted for filing. The remaining paper copies are waived, subject to a later determination by the court that additional paper copies of the brief and/or appendix are required if this case is scheduled for oral argument. [26-1088] (JW) [Entered: 04/03/2026 02:03 PM]
April 1, 2026 MOTION to waive paper copies of brief and appendix filed by Appellant Jose F. Balcacer. Served on 04/01/2026. [26-1088]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (ALC) [Entered: 04/01/2026 08:37 AM]
March 31, 2026 APPELLANT'S BRIEF filed by Appellant Jose F. Balcacer. Served on 03/18/2026. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 04/07/2026 . Brief due 04/30/2026 for APPELLEE Matthew Divris. [26-1088] (NP) [Entered: 03/31/2026 11:17 AM]
March 30, 2026 Opinion or Order ORDER directing Appellant Jose F. Balcacer to file a conforming appendix. Appendix due 04/06/2026 . [26-1088] (JW) [Entered: 03/30/2026 03:25 PM]
March 18, 2026 APPENDIX tendered by Appellant Jose F. Balcacer. Served on 03/18/2026. [26-1088] (ALC) [Entered: 03/18/2026 03:50 PM]
March 18, 2026 BRIEF tendered by Appellant Jose F. Balcacer. [26-1088] (ALC) [Entered: 03/18/2026 03:49 PM]
March 13, 2026 Request to proceed in forma pauperis on appeal filed by Appellant Jose F. Balcacer was granted in the district court by order dated 03/10/2026. [26-1088] (JW) [Entered: 03/13/2026 07:47 AM]
March 11, 2026 SUPPLEMENTAL record filed. Docket entry: 43 - Electronic Order granting Motion for Leave to Appeal in forma pauperis. [26-1088] (JW) [Entered: 03/13/2026 07:45 AM]
February 6, 2026 Opinion or Order ORDER entered. The district court granted petitioner-appellant's request for a certificate of appealability. Accordingly, pursuant to Grant-Chase v. Commissioner , 145 F.3d 431 (1st Circuit. 1998), this appeal can go forward on the issue(s) for which the district court granted the certificate. [26-1088] (GB) [Entered: 02/06/2026 10:55 AM]
February 6, 2026 DOCKETING statement filed by Petitioner Jose F. Balcacer. Served on 02/06/2026. [26-1088] (ALC) [Entered: 02/06/2026 12:31 PM]
February 6, 2026 CORRECTED ORDER* entered. The district court granted petitioner-appellant's request for a certificate of appealability. Accordingly, pursuant to Grant-Chase v. Commissioner , 145 F.3d 431 (1st Circuit. 1998), this appeal can go forward on the issue(s) for which the district court granted the certificate. *Corrected order entered to amend text of the order. [26-1088] (GB) [Entered: 02/06/2026 12:26 PM]
February 6, 2026 NOTICE of appearance on behalf of Petitioner Jose F. Balcacer filed by Attorney Amy Codagnone. Served on 02/06/2026. [26-1088] (ALC) [Entered: 02/06/2026 12:10 PM]
February 6, 2026 BRIEFING schedule set. Brief and Appendix due 03/18/2026 for appellant Jose F. Balcacer. 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. [26-1088] (GB) [Entered: 02/06/2026 10:58 AM]
January 29, 2026 CIVIL CASE docketed. Notice of appeal (doc. #37) filed by Appellant Jose F. Balcacer. Appearance form and Docketing Statement due 02/12/2026 . [26-1088] (GB) [Entered: 01/29/2026 02:30 PM]

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Petitioner: JOSE F. BALCACER
Represented By: Amy L. Codagnone
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Respondent: MATTHEW DIVRIS, Superintendent NCCI Gardner
Represented By: Gabriel Thomas Thornton
Represented By: Tara Lyn Johnston
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