Jose Montalban v. Powell, et al
| JOSE MONTALBAN |
| MR. POWELL |
| 20-1806 |
| April 20, 2020 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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This docket was last retrieved on June 15, 2020. A more recent docket listing may be available from PACER.
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| Filing 14 MOTION filed by Appellant Jose Montalban to Accept Appellant's Brief. Response due on 06/22/2020. Certificate of Service dated 06/09/2020. Service made by US mail. (DW) [Entered: 06/17/2020 02:54 PM] |
Filing 13
ORDER (Clerk) In the foregoing motion, the appellant appears to request clarification about why his second notice of appeal was assigned a new docket number (No. 20-1806) instead of being docketed in an earlier appeal (No. 19-1450). The following clarification can be provided, and to that extent, the motion is granted. After the district court granted the defendants' motion for summary judgment, the appellant filed his first notice of appeal. It was docketed in this Court at No. 19-1450. The Court issued its opinion and judgment in that appeal on April 1, 2020. The appellant has filed a petition for rehearing in that appeal, but unless the Court grants rehearing, that appeal has concluded. On April 2, 2020, the district court entered a new order. The appellant then filed his second notice of appeal. Because this was a new appeal from a new order, it was assigned a new docket number in this Court: 20-1806. See Fed. R. App. P. 4(a)(4) (allowing amended notices of appeal in limited circumstances). (DW) [Entered: 05/26/2020 09:26 AM]
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Filing 12
ORDER (Clerk) granting motion to proceed in forma pauperis filed by Appellant Jose Montalban. The appeal will be submitted to a panel for determination under 28 U.S.C. Section 1915(e)(2) or for summary action under Third Circuit L.A.R. 27.4 and I.O.P. 10.6. Appellant may submit argument, which should not exceed 5 pages, in support of the appeal. The document, with certificate of service, must be filed with the clerk within 21 days of the date of this order. (DW) [Entered: 05/20/2020 11:55 AM]
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| Filing 11 Brief Received filed by Jose Montalban. As no briefing schedule has yet issued, the brief is construed as a document in support of the appeal. If after disposition of the pending motions the appeal is to proceed to briefing, the parties will be advised regarding the filing date of this brief and the date for filing a responsive brief. Certificate of Service dated 04/29/2020. Service made by US mail.--[Edited 05/13/2020 by DW] (DW) [Entered: 05/13/2020 09:58 AM] |
| Filing 10 PRISONER ACCOUNT STATEMENT on behalf of Appellant Jose Montalban. (DW) [Entered: 05/12/2020 05:28 PM] |
| Filing 9 IN FORMA PAUPERIS PRISONER ADDENDUM on behalf of Appellant Jose Montalban. (DW) [Entered: 05/12/2020 05:26 PM] |
| Filing 8 IN FORMA PAUPERIS PRISONER AUTHORIZATION on behalf of Appellant Jose Montalban. (DW) [Entered: 05/12/2020 05:24 PM] |
| Filing 7 MOTION filed by Appellant Jose Montalban to Proceed In Forma Pauperis. Response due on 05/14/2020. Certificate of Service dated 04/29/2020. Service made by US mail. (DW) [Entered: 05/12/2020 05:23 PM] |
| Filing 6 MOTION filed by Appellant Jose Montalban for Clarification of a New Appeal No. 20-1806 and why is it not a Continuation of Appeal No. 19-1450. Response due on 05/14/2020. Certificate of Service dated 04/29/2020. Service made by US mail. (DW) [Entered: 05/12/2020 05:21 PM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from AUSA Melissa A. Swauger on behalf of Appellee(s) Powell; Williams; Glossenger; Burgerholff; Moddroff; Dobushak; Kabonick; Tuttle; Pedone; Brennan; Vrabel; Guillard; Snee; Schultz; USA; Macca; Cook; Johanson; Gintz. [20-1806] (MAS) [Entered: 04/28/2020 11:41 AM] |
| Filing 5 Document in Support of Appeal filed by Appellant Jose Montalban. Certificate of Service dated 04/09/2020. Service made by US mail. (DW) [Entered: 04/28/2020 02:58 PM] |
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Filing 3
ORDER (Clerk) For all parties represented by Melissa Swauger, Esq., or any other attorney from the U.S. Attorney's Office, the designated filer shall be Mr. Powell. Counsel is advised that the designated filer is for cm/ecf filing purposes only. Names of all represented parties must be listed on all forms, motions and briefs. Attorneys representing smaller groups of parties must select all individual persons or entities as filers in cm/ecf. (DW) [Entered: 04/20/2020 01:00 PM]
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| Filing 2 RECORD available on District Court CM/ECF. (DW) [Entered: 04/20/2020 12:41 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Jose Montalban in District Court No. 1-17-cv-00212. (DW) [Entered: 04/20/2020 12:29 PM] |
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| Plaintiff / appellant: JOSE MONTALBAN | |
| Represented By: | Jose Montalban |
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| Defendant / appellee: MR. POWELL | |
| Represented By: | Melissa A. Swauger Esq. |
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