Lettieri v. Wiggins, et al
| DAVID CARMINE LETTIERI |
| D. WIGGINS, DISCIPLINE HEARING OFFICER, MARSHAL, B. LINNATU, D. ENGLISH, S. GONDELEZ, EVENING CORRECTION OFFICER, May 23, 2025, HECTOR GONZULEZ and LAWRENCE JOSEPH VILARDO |
| 26-1214 |
| March 6, 2026 |
| U.S. Court of Appeals, First Circuit |
| Civil Rights (Habeas Corpus) |
Docket Report
This docket was last retrieved on April 10, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| NOTICE that a brief will not be filed by Appellees Discipline Hearing Officer, D. English, Evening Correction Officer, S. Gondelez, Marshal and D. Wiggins. Served on 04/10/2026. [26-1214] (ARG) [Entered: 04/10/2026 03:16 PM] |
| NOTICE of appearance on behalf of Appellees Discipline Hearing Officer, D. English, Evening Correction Officer, S. Gondelez, Marshal and D. Wiggins filed by Attorney Abraham R. George. Served on 04/10/2026. [26-1214] (ARG) [Entered: 04/10/2026 03:15 PM] |
| 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: Tiffany H. Lee for Lawrence Joseph Vilardo and Hector Gonzulez. [26-1214] (GB) [Entered: 04/09/2026 03:27 PM] |
| NOTICE issued. After 04/06/2026, the following attorney will no longer receive notice of court issued documents in this case unless counsel registers for an appellate ECF account: Tiffany H. Lee for Lawrence Joseph Vilardo and Hector Gonzulez. [26-1214] (GB) [Entered: 03/23/2026 10:21 AM] |
| RESPONSE to the court's order [ # 6791664-3 ] filed by Appellant David Carmine Lettieri to. Certificate of service was not included. [26-1214]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (GB) [Entered: 03/19/2026 01:48 PM] |
| APPELLANT'S BRIEF filed by Appellant David Carmine Lettieri. Number of copies: 1. Brief due 04/20/2026 for APPELLEES Discipline Hearing Officer, D. English, Evening Correction Officer, S. Gondelez, Hector Gonzulez, B. Linnatu, Marshal, Lawrence Joseph Vilardo, and D. Wiggins. [26-1214] (NP) [Entered: 03/19/2026 03:53 PM] |
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 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 March 23, 2026 will lead to dismissal of the appeal for lack of diligent prosecution. [26-1214] (GB) [Entered: 03/09/2026 11:23 AM]
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| BRIEFING schedule set. Brief due 04/20/2026 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. [26-1214] (GB) [Entered: 03/09/2026 11:26 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #8) filed by Appellant David Carmine Lettieri. Fee due 03/20/2026 . [26-1214] (GB) [Entered: 03/06/2026 03:46 PM] |
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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 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 March 23, 2026 will lead to dismissal of the appeal for lack of diligent prosecution. [26-1214] (GB) [Entered: 03/09/2026 11:23 AM]