Joseph FrankenberryIn re: Joseph Frankenberry

Justia Dockets & Filings Third Circuit U.S. Court of Appeals, Third Circuit Joseph FrankenberryIn re: Joseph Frankenberry

Joseph FrankenberryIn re: Joseph Frankenberry

Petitioner:	In re: JOSEPH P. FRANKENBERRY
Respondent:	SUPERINTENDENT BENNER TOWNSHIP SCI
Case Number:	22-2965
Filed:	October 26, 2022
Court:	U.S. Court of Appeals, Third Circuit
Nature of Suit:	Other

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This docket was last retrieved on October 26, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
October 26, 2022	Filing 2 NONCOMPLIANCE Action on the petition for writ of mandamus is hereby deferred. Petitioner did not submit the filing fee or a motion for leave to proceed in forma pauperis with the mandamus petition. Within fourteen (14) days of the date of this order, Petitioner must either file a motion for leave to proceed in forma pauperis and affidavit or remit payment of the $500.00 filing fee. A form affidavit is enclosed for Petitioner's convenience. As required by the affidavit form and statute, the motion must be accompanied by a certified statement of Petitioner's institutional account for the six months prior to this date. It is noted that a petition for writ of mandamus is an original action and a separate motion for leave to proceed in forma pauperis must be filed, regardless of Petitioner's fee status in other proceedings. If the filing fee is not paid or the motion is not filed, the petition may be dismissed without further notice. See 3d Cir. L.A.R. Misc. 107.1. To bring the mandamus petition into compliance, Petitioner must also serve the petition and motion to proceed in forma pauperis on all Respondents. See Fed. R. App. P. 21 & 25. The certificate of service should include the specific underlying District Court action to which the mandamus petition applies. The petition will not be submitted to the Court until the filing fee or motion to proceed in forma pauperis and affidavit and the certificate of service are received. See Fed. R. App. P. 21(a)(3). (TMM) [Entered: 10/26/2022 04:36 PM]
October 26, 2022	Filing 1 PETITION FOR WRIT OF MANDAMUS DOCKETED. Notice filed by Petitioner Mr. Joseph P. Frankenberry. (TMM) [Entered: 10/26/2022 04:19 PM]

Date Filed

Document Text

October 26, 2022

Filing 2 NONCOMPLIANCE Action on the petition for writ of mandamus is hereby deferred. Petitioner did not submit the filing fee or a motion for leave to proceed in forma pauperis with the mandamus petition. Within fourteen (14) days of the date of this order, Petitioner must either file a motion for leave to proceed in forma pauperis and affidavit or remit payment of the $500.00 filing fee. A form affidavit is enclosed for Petitioner's convenience. As required by the affidavit form and statute, the motion must be accompanied by a certified statement of Petitioner's institutional account for the six months prior to this date. It is noted that a petition for writ of mandamus is an original action and a separate motion for leave to proceed in forma pauperis must be filed, regardless of Petitioner's fee status in other proceedings. If the filing fee is not paid or the motion is not filed, the petition may be dismissed without further notice. See 3d Cir. L.A.R. Misc. 107.1. To bring the mandamus petition into compliance, Petitioner must also serve the petition and motion to proceed in forma pauperis on all Respondents. See Fed. R. App. P. 21 & 25. The certificate of service should include the specific underlying District Court action to which the mandamus petition applies. The petition will not be submitted to the Court until the filing fee or motion to proceed in forma pauperis and affidavit and the certificate of service are received. See Fed. R. App. P. 21(a)(3). (TMM) [Entered: 10/26/2022 04:36 PM]

October 26, 2022

Filing 1 PETITION FOR WRIT OF MANDAMUS DOCKETED. Notice filed by Petitioner Mr. Joseph P. Frankenberry. (TMM) [Entered: 10/26/2022 04:19 PM]

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Search for this case: Joseph FrankenberryIn re: Joseph Frankenberry
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Petitioner: In re: JOSEPH P. FRANKENBERRY
Represented By:	Joseph P. Frankenberry
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Respondent: SUPERINTENDENT BENNER TOWNSHIP SCI
Represented By:	District Attorney Allegheny County
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