Nathaniel Swint v. Warden Allenwood USP
| NATHANIEL SWINT |
| WARDEN ALLENWOOD USP |
| 19-1060 |
| January 8, 2019 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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ORDER (Clerk) No action will be taken on the foregoing. To the extent Appellant requests legal guidance in his appeal, this Court cannot provide legal advice. To the extent Appellant seeks to preserve his appellate rights, Appellant is reminded that he was advised by letter dated January 9, 2019 that his appeal has been listed for summary action by a panel of this Court. The panel will also consider whether a certificate of appealability is required for the purpose of this appeal. Appellant may file any response regarding summary action or the issuance of a certificate of appealability within fourteen (14) days of the date of this order., filed. (DW) [Entered: 03/05/2019 09:58 AM]
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| RESPONSE on behalf of Appellant Mr. Nathaniel Swint to the Clerk's Order dated February 7, 2019, with Request for Guidance regarding the motion to stay the appeal., filed. Certificate of Service dated 02/12/2019. Service made by US mail. (DW) [Entered: 02/21/2019 11:18 AM] |
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ORDER (Clerk) Insofar as the foregoing motion requests that the appeal be stayed pending determination of the motion pursuant to Rule 60(a) that Appellant filed in the District Court, the motion is denied without prejudice to renewal. Appellant must first follow the procedure set forth in Venen v. Sweet, 758 F.2d 117, 123 (3d Cir. 1985). Venen v. Sweet instructs that appellant should move for remand in the Court of Appeals when the District Court indicates that it would grant the Rule 60 motion. The District Court has made no such indication. Given this, Appellant may renew his motion if the District Court indicates that it would be inclined to grant the motion. It is noted that Appellant attaches a copy of a Rule 62 motion to the motion for stay and indicates that it was filed in the District Court. No such motion, however, appears on the District Court docket. (DW) [Entered: 02/07/2019 09:18 AM]
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| MOTION filed by Appellant Mr. Nathaniel Swint to Stay Appeal Pending Rule 60(a) , Fed. R. Civ. P. Motion for Relief from Judgment. Response due on 01/28/2019. Certificate of Service dated 01/14/2019. Service made by US mail. (DW) [Entered: 01/17/2019 04:50 PM] |
| LEGAL DIVISION LETTER SENT advising that the case will be submitted to a panel of this Court for possible summary action and for a decision on the issuance of certificate of appealability. (JW) [Entered: 01/09/2019 04:23 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Robert A. Zauzmer on behalf of Appellee(s) United States of America. [19-1060] (RAZ) [Entered: 01/09/2019 10:59 AM] |
| RECORD available on District Court CM/ECF. (LMR) [Entered: 01/08/2019 09:21 AM] |
| CIVIL CASE DOCKETED. Notice filed by Appellant Mr. Nathaniel Swint in District Court No. 2-18-cv-04350. (LMR) [Entered: 01/08/2019 09:18 AM] |
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| Plaintiff / appellant: NATHANIEL SWINT | |
| Represented By: | Nathaniel Swint |
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| Defendant / appellee: WARDEN ALLENWOOD USP | |
| Represented By: | Robert A. Zauzmer Esq. |
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