In re: John Anthony Castro
| In re: JOHN ANTHONY CASTRO |
| THOMAS KOMOROWSKI, KRISTINE KOMOROWSKI, CASTRO AND CO LLC and MICHAEL A. SHIPP |
| 23-1308 |
| February 16, 2023 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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Filing 6
ORDER (Clerk) It is hereby ORDERED that the noncompliance order issued on February 22, 2023 [ECF #5] is vacated as having been issued in error. (TMM) [Entered: 02/22/2023 04:15 PM]
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| Filing 5 NONCOMPLIANCE Order After the petition for writ of mandamus was received, the petitioner was ordered to bring his petition into compliance with Federal Rule of Appellate Procedure 21 by paying the required fee and filing a certificate showing that a copy of the petition has been served on the district-court judge. Although, the petitioner paid the filing. he did not submit the required certificate of service showing that a copy of the petition has been provided to the district-court judge. For that reason, action on the petition for writ of mandamus is deferred. See Fed. R. App. P. 21(a)(3). The petitioner must provide a copy of the petition for writ of mandamus to the district-court judge. See Fed. R. App. P. 21(a)(1). A certificate of service reflecting that the petition has been served must be submitted to the Court of Appeals within fourteen days of the date of this order. See Fed. R. App. P. 21 & 25. No action will be taken on the filings unless the certificate of service is received. If it is not received by the deadline, the petition may be dismissed without further notice. See 3d Cir. L.A.R. 107.2. (VACATED PER ORDER OF 2/22/23)--[Edited 02/22/2023 by TMM] (TMM) [Entered: 02/22/2023 03:40 PM] |
| Filing 4 Court of Appeals fee paid. Receipt No. A03-63730-859. Receipt dated 2/17/2023. (TMM) [Entered: 02/17/2023 04:33 PM] |
| Filing 3 ECF FILER: CERTIFICATE OF SERVICE Service made on 02/17/2023 by US mail. [23-1308] (JAC) [Entered: 02/17/2023 04:13 PM] |
| Filing 2 NONCOMPLIANCE Order Action on the petition for writ of mandamus is hereby deferred. Petitioner did not submit the filing fee or a motion to proceed in forma pauperis with the mandamus petition. Within fourteen (14) days of the date of this order, Petitioner must either remit payment of the $500.00 filing fee or file a motion for leave to proceed in forma pauperis and affidavit. 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. Petitioner must also serve the petition on the District Court judge. See Fed.R. App. P. 21(a)(1). In addition, a copy of the motion for leave to proceed in forma pauperis must be served on each party to the proceeding, including the District Court judge. A certificate of service reflecting that the petition and motion have been served must be submitted to the Court of Appeals within fourteen (14) days of the date of this order. See Rules 21 and 25, Federal Rules of Appellate procedure. 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: 02/16/2023 04:29 PM] |
| Filing 1 PETITION FOR WRIT OF MANDAMUS DOCKETED. Notice filed by Petitioner John Anthony Castro. (TMM) [Entered: 02/16/2023 04:14 PM] |
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