Lettieri v. Wolfe, et al
| DAVID CARMINE LETTIERI |
| CATHERINE O'HAGAN WOLFE, JOHN M. WALTER, JR., BETH ROBINSON, SARAH A. L. MERRIAM, LAWRENCE JOSEPH VILARDO, FMC DEVENS, FMC DEVENS MAILROOM, FMC DEVENS MAILROOM CORRECTION OFFICER, D. ENGLISH, B. CINNOTA, S. GONDELEZ, LAURA TAYLOR SWAIN, LUSSIOR, Mailroom Supervisor and F. BOWENS |
| 26-1165 |
| February 17, 2026 |
| U.S. Court of Appeals, First Circuit |
| Civil Rights (Habeas Corpus) |
Docket Report
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ORDER 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 as frivolous. 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 "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 April 15, 2026 will lead to dismissal of the appeal for lack of diligent prosecution. [26-1165] (GB) [Entered: 04/01/2026 02:40 PM]
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| BRIEFING schedule set. Brief due 05/11/2026 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. [26-1165] (GB) [Entered: 04/01/2026 02:42 PM] |
| SUPPLEMENTAL record filed. Districtr Court Docket entry: DE#9, Order of Dismissal. [26-1165] (GB) [Entered: 03/05/2026 04:33 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #6) filed by Appellant David Carmine Lettieri. Fee due 03/04/2026 . [26-1165] (GB) [Entered: 02/18/2026 10:30 AM] |
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