Lettieri v. Federal Medical Center Devens, et al
| DAVID CARMINE LETTIERI |
| FMC DEVENS, FMC DEVENS MAILROOM and FMC DEVENS MAILROOM CORRECTION OFFICER |
| 26-1215 |
| March 9, 2026 |
| U.S. Court of Appeals, First Circuit |
| Civil Rights (Habeas Corpus) |
Docket Report
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| Document Text |
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| NOTICE that a brief will not be filed by Appellees FMC Devens, FMC Devens Mailroom and FMC Devens Mailroom Correction Officer. Served on 04/10/2026. [26-1215] (ARG) [Entered: 04/10/2026 03:13 PM] |
| NOTICE of appearance on behalf of Appellees FMC Devens, FMC Devens Mailroom and FMC Devens Mailroom Correction Officer filed by Attorney Abraham R. George. Served on 04/10/2026. [26-1215] (ARG) [Entered: 04/10/2026 03:11 PM] |
| RESPONSE filed by Appellant David Carmine Lettieri to the court's order [ # 6791672-2 ]. Certificate of service was not included. [26-1215] (GB) [Entered: 03/23/2026 02:53 PM] |
| APPELLANT'S BRIEF filed by Appellant David Carmine Lettieri. Number of copies: 1. Certificate of service was not included. Brief due 04/22/2026 for APPELLEES FMC Devens, FMC Devens Mailroom and FMC Devens Mailroom Correction Officer. [26-1215] (YCC) [Entered: 03/23/2026 03:16 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #9) filed by Appellant David Carmine Lettieri. Fee due 03/23/2026 . [26-1215] (GB) [Entered: 03/09/2026 10:29 AM] |
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. [26-1215] (GB) [Entered: 03/09/2026 11:39 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. [26-1215] (GB) [Entered: 03/09/2026 11:41 AM] |
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