Kenneth Lewis v. USA, et al
| RACHAEL A. HONIG, U.S. ATTORNEY GENERAL, both personally and officially, UNITED STATES DEPARTMENT OF JUSTICE, U.S. ATTORNEY GENERAL, both personally and officially and UNITED STATES OF AMERICA, U.S. ATTORNEY GENERAL, both personally and officially |
| KENNETH WAYNE LEWIS |
| UNITED STATES OF AMERICA, UNITED STATES DEPARTMENT OF JUSTICE, MERRICK B. GARLAND, U.S. ATTORNEY GENERAL, both personally and officially, U.S. ATTORNEY RACHEL A. HONIG, both personally and officially and UNITED STATES DEPARTMENT OF JUSTICE, CRIMINAL DIVISION - CORRESPONDENCE MANAGMENT |
| 21-3164 |
| November 22, 2021 |
| U.S. Court of Appeals, Third Circuit |
| Other |
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Filing 8
ORDER (Clerk) The foregoing motion to proceed in forma pauperis is referred to a motions panel. If the Court determines that the appellant may proceed in forma pauperis, the Court will proceed to determine whether the appeal will be dismissed as legally frivolous under 28 U.S.C. ' 1915(e)(2) or whether summary action under Third Circuit L.A.R. 27.4 and I.O.P. 10.6 is appropriate. In making this determination, the district court opinion and record will be examined. Appellant may submit argument, not to 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. Appellee need not file a response unless directed to do so. The Court may reconsider in forma pauperis status or request additional information at any time during the course of these proceedings. (SLC) [Entered: 01/10/2022 08:22 AM]
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| Filing 7 RESPONSE on behalf of Appellant Kenneth Wayne Lewis to clerk order entered December 8, 2021 and Document in Support of Appeal. (SLC) [Entered: 01/10/2022 08:13 AM] |
| Filing 6 MOTION filed by Appellant Kenneth Wayne Lewis to Proceed In Forma Pauperis. (SLC) [Entered: 01/10/2022 08:11 AM] |
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Filing 5
ORDER (Clerk) This appeal began when this Court received a letter from the plaintiff on November 15, 2021. Among other things, the letter mentioned a decision made by the district court and "invoke[ed]" 28 U.S.C. Section: 1291, which is a statute that gives this Court jurisdiction to hear appeals from district-court decisions. Under this Court's rules, any document that "evidences an intention to appeal" must be treated as a notice of appeal. See 3d Cir. L.A.R. 3.4. And notices of appeal mistakenly sent to this Court are transmitted to the district court for filing. See Fed. R. App. P. 4(d). The new letter received on December 2, 2021, suggests the plaintiff may not have wanted to begin a new appeal. If so, information about voluntarily withdrawing an appeal can be found in Federal Rule of Appellate Procedure 42. If the plaintiff's intent was to ask the district judge to recuse himself under 28 U.S.C. Section:Section: 144 and 455, he may file such a request in the district court directly. If his intent was to petition this Court for an extraordinary writ (e.g., a writ of mandamus, which may sometimes be used to review a district judge's recusal decision), information about filing a petition can be found in Federal Rule of Appellate Procedure 21. Petitions like that must be filed separately from any appeal, will be assigned their own docket number, and must be accompanied by a $500 fee or a motion to proceed in forma pauperis. They should be titled "In re [name of petitioner]" and state the relief sought, the issues presented, the facts necessary to understand the issues presented by the petition, and the reasons why the writ should issue. If the plaintiff wants the above-captioned appeal to proceed, he must either prepay the required fees or file a motion to proceed in forma pauperis by the previously established deadline. If he does not do so, this appeal will be dismissed without further notice. See 3d Cir. L.A.R. 3.3(a), 24.2, & 107.1(a). (SLC) [Entered: 12/08/2021 12:48 PM]
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| Filing 3 ECF FILER: LETTER from Attorney J. Andrew Ruymann, Esq. for Appellees Merrick B. Garland, Rachael A. Honig, DOJ, DOJ and USA of non-participation in this appeal. Certificate of Service dated 12/06/2021. Service made by US mail. [21-3164] (JAR) [Entered: 12/06/2021 02:26 PM] |
| Filing 4 Letter by Appelant regading appeal. (SLC) [Entered: 12/08/2021 12:46 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (SLC) [Entered: 11/22/2021 11:23 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Kenneth Wayne Lewis in District Court No. 1-21-cv-17792. (SLC) [Entered: 11/22/2021 11:16 AM] |
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