Duarte v. Norfolk County Sheriff's Office, et al
| ERIC J. DUARTE |
| NORFOLK COUNTY SHERIFF'S OFFICE, PATRICK W. MCDERMOTT, Sheriff, DANIELLE FRANE, Superintendent, ANNE COLLINS, Mental Health Director, LICSW, TARA FLYNN, Medical Director Deputy, BILL CASTEEL, Deputy, THOMAS BRADY, Deputy, STEVEN LINSKY, Deputy, STEVE SHINGOLD, Captain, JACK KILRAIN, JR., Captain, KELLY COSGRAVE-JENKS, Captain, JOHN COSGRAVE, Captain, ROBERT RUSSO, Captain, JAMES MCQUAID, Lieutenant, JUSTINE MILLER, Officer, JOHN NEE, Lieutenant, SIMA JUNKOVIC, Sergeant, PATRICK WEIR, Lieutenant, JAMES HOOLEY, Officer, GERSON LOUIS, Officer, JUNKINS, Officer, MCINNIS, Officer, WINDWALKER, Officer, O'DONNELL, Officer, ASHLEY HANNEKEN, LICSW, AMANDA, Nurse, STEPHANIE, Nurse, LORI, Nurse, ED, Nurse, MIKE, Nurse, ROSE, Nurse, SHERRY, Nurse, ANNE COLLINS, Mental Health Director and JAMES GANNON, Deputy |
| 26-1441 |
| April 28, 2026 |
| U.S. Court of Appeals, First Circuit |
| Prisoner Civil Rights |
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ORDER entered: Upon review, it appears that Appellant Eric J. Duarte 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 June 3, 2026 , will lead to dismissal of the appeal for lack of diligent prosecution. See 1st Cir. R. 3.0(b). [26-1441] (JW) [Entered: 05/20/2026 11:35 AM]
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ORDER to Show Cause entered. Plaintiff-Appellant Eric C. Duarte filed a notice of appeal on April 20, 2026, from the order of dismissal entered on February 23, 2026, in Civil Action No. 1:25-cv-11660-JEK (D. Mass.). Upon review of the record in this case, it appears that this appeal should be dismissed as untimely. See Fed. R. App. P. 4(a) (notice of appeal in civil case must be filed within thirty days of judgment or order appealed from). Further, upon review, plaintiff-appellant's notice of appeal (D.E. No. 12) was unsigned. While Fed. R. Civ. P. 11(a) and Fed. R. App. P. 1(a)(2) require that a notice of appeal be signed by an attorney or pro se party, this requirement is not jurisdictional and may be cured. See Becker v. Montgomery , 532 U.S. 757, 757 (2001). Accordingly, we transmit the notice of appeal to appellant and direct that a signed copy be returned to this court. The failure by the appellant to (1) move for voluntary dismissal under Fed. R. App. P. 42(b) or show cause, in writing why this appeal should not be dismissed and (2) return a signed copy of the notice of appeal on or before June 10, 2026 , may lead to dismissal of the appeal for lack of diligent prosecution. See 1st Cir. R. 3.0(b). [26-1441] (JW) [Entered: 05/20/2026 11:17 AM]
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| CIVIL CASE docketed. Notice of appeal (doc. #12) filed by Appellant Eric J. Duarte. Fee due 05/13/2026. [26-1441] (JW) [Entered: 04/29/2026 04:55 PM] |
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