Lettieri v. Kennelly, et al
| DAVID CARMINE LETTIERI |
| MATTHEW F. KENNELLY, Honorable, FMC DEVENS, FMC DEVENS MAILROOM, FMC DEVENS MAILROOM CORRECTION OFFICER, UNIT TEAM MANAGER ENGLISH, LUSSIER, Mailroom Supervisor, B. CINNOTA, S. GONDELEZ and F. BOWENS |
| 26-1166 |
| February 19, 2026 |
| U.S. Court of Appeals, First Circuit |
| Prison Condition (Habeas Corpus) |
Docket Report
This docket was last retrieved on April 17, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| NOTICE of appearance on behalf of Appellees F. Bowens, B. Cinnota, FMC Devens, FMC Devens Mailroom, FMC Devens Mailroom Correction Officer, S. Gondelez, Unit Team Manager English and Lussier filed by Attorney Abraham R. George. Served on 04/17/2026. [26-1166] (ARG) [Entered: 04/17/2026 10:42 AM] |
| NOTICE that a brief will not be filed by Appellees F. Bowens, B. Cinnota, FMC Devens, FMC Devens Mailroom, FMC Devens Mailroom Correction Officer, S. Gondelez, Lussier and Unit Team Manager English. Served on 04/17/2026. [26-1166] (ARG) [Entered: 04/17/2026 10:43 AM] |
| APPELLANT'S BRIEF filed by Appellant David Carmine Lettieri. Number of copies: 1. [26-1166] (NP) [Entered: 04/17/2026 04:49 PM] |
ORDER entered. Upon review, it appears that Appellant David 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 22, 2026 will lead to dismissal of the appeal for lack of diligent prosecution. [26-1166] (GB) [Entered: 04/08/2026 11:42 AM]
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| BRIEFING schedule set. Brief due 05/18/2026 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. [26-1166] (GB) [Entered: 04/08/2026 11:46 AM] |
| NOTICE issued. The following attorney has failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Andrew S. Boutros for Matthew F. Kennelly. [26-1166] (GB) [Entered: 03/23/2026 10:27 AM] |
| NOTICE issued. After 03/20/2026, the following attorney will no longer receive notice of court issued documents in this case unless counsel registers for an appellate ECF account: Andrew S. Boutros for Matthew F. Kennelly. [26-1166] (GB) [Entered: 03/06/2026 04:23 PM] |
| SUPPLEMENTAL record filed. Docket entry: DE#14, Order of Dismissal. [26-1166] (GB) [Entered: 03/05/2026 04:34 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #11) filed by Appellant David Carmine Lettieri. Fee due 03/05/2026 . [26-1166] (GB) [Entered: 02/19/2026 01:22 PM] |
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ORDER entered. Upon review, it appears that Appellant David 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 22, 2026 will lead to dismissal of the appeal for lack of diligent prosecution. [26-1166] (GB) [Entered: 04/08/2026 11:42 AM]