Lettieri v. Discipline Learning Officer, et al
| DAVID CARMINE LETTIERI |
| DISCIPLINE LEARNING OFFICER, MARSHAL, D. WIGGINS, B. LINNATA, D. ENGLISH, S. GONZALEZ and LAWRENCE JOSEPH VILARDO |
| 26-1729 |
| June 25, 2026 |
| U.S. Court of Appeals, First Circuit |
| Civil Rights (Habeas Corpus) |
Docket Report
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| JUDGMENT entered by Lara E. Montecalvo, Appellate Judge; Seth Robert Aframe, Appellate Judge and Joshua D. Dunlap, Appellate Judge: We dismiss the appeal because, despite the warning set out in the order to show cause, Lettieri has neither paid the appellate filing fee in full nor shown why the appeal should be permitted to proceed without payment of the full filing fee despite his "three-strikes" status. The appeal is dismissed . [26-1729] (AL) [Entered: 08/21/2026 06:08 PM] |
| NOTICE of appearance on behalf of Appellees Discipline Learning Officer, D. English, S. Gonzalez, B. Linnata, Marshal, Lawrence Joseph Vilardo and D. Wiggins filed by Attorney Abraham R. George. Served on 08/04/2026. [26-1729] (ARG) [Entered: 08/04/2026 04:09 PM] |
| NOTICE that a brief will not be filed by Appellees Discipline Learning Officer, D. English, S. Gonzalez, B. Linnata, Marshal, Lawrence Joseph Vilardo and D. Wiggins. Served on 08/04/2026. [26-1729] (ARG) [Entered: 08/04/2026 04:10 PM] |
ORDER entered. Construing Appellant David Carmine Lettieri's tendered corrected brief as a motion for leave to file a corrected brief, that request is granted. Appellant's corrected brief is accepted for filing on this date. [26-1729] (GB) [Entered: 07/31/2026 09:13 AM]
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| APPELLANT'S CORRECTED BRIEF filed by Appellant David Carmine Lettieri. Number of copies: ONE (1). Certificate of service was not included. [26-1729] (GB) [Entered: 07/31/2026 09:18 AM] |
| PLEADING tendered: Appellant's Corrected Brief filed by Appellant David Carmine Lettieri. Number of copies: 1. Certificate of service was not included. [26-1729] (YCC) [Entered: 07/31/2026 09:09 AM] |
| RESPONSE filed by Appellant David Carmine Lettieri to order [ # 6823206-2 ]. Certificate of service was not included. [26-1729] (GB) [Entered: 07/20/2026 05:59 PM] |
| APPELLANT'S BRIEF filed by Appellant David Carmine Lettieri. Number of copies: 1. Certificate of service was not included. Brief due 08/19/2026 for APPELLEE Discipline Learning Officer, D. English, S. Gonzalez, B. Linnata, Marshal, Lawrence Joseph Vilardo and D. Wiggins. [26-1729] (YCC) [Entered: 07/22/2026 11:46 AM] |
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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 July 20, 2026 will lead to dismissal of the appeal for lack of diligent prosecution. [26-1729] (GB) [Entered: 07/06/2026 11:41 AM]
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| BRIEFING schedule set. Brief due 08/17/2026 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. [26-1729] (GB) [Entered: 07/06/2026 11:42 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #6) filed by Appellant David Carmine Lettieri. Fee due 07/10/2026 . [26-1729] (GB) [Entered: 06/26/2026 04:01 PM] |
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