Nadia Metroka v. Pennsylvania State Police, et al
| NADIA M. METROKA |
| PENNSYLVANIA STATE POLICE, LOWER MORELAND POLICE DEPARTMENT, KELLY E. HEIST, INDIVDUALLY AND AS OFFICER/AGENT FOR LOWERMOREL AND TOWNSHIP POLICE DEPARTMENT AND/OR AGENCY DEPARTMENT, GOOGLE INC and COUNTY OF MONTGOMERY |
| 23-2220 |
| July 21, 2023 |
| U.S. Court of Appeals, Third Circuit |
| Other Civil Rights |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 30 ECF FILER: Notice of Correction of Exhibit Filed 83023 -Motion Requesting Stay filed by Appellant Nadia M. Metroka. Certificate of Service dated 08/30/2023. Service made by Email. [23-2220] (NMM) [Entered: 08/30/2023 06:48 PM] |
| Filing 29 ECF FILER: Exhibit to Request to Stay Proceedings Due to Jurisdictional Concern filed by Appellant Nadia M. Metroka. Certificate of Service dated 08/30/2023. Service made by Email. [23-2220] (NMM) [Entered: 08/30/2023 01:42 PM] |
| Filing 28 ECF FILER: Exhibit to Request for Stay filed by Appellant Nadia M. Metroka. Certificate of Service dated 08/30/2023. Service made by Email. [23-2220] (NMM) [Entered: 08/30/2023 01:40 PM] |
| Filing 27 ECF FILER: Motion filed by Appellant Nadia M. Metroka to stay Stay of the Proceedings. Certificate of Service dated 08/30/2023. Service made by Email. [23-2220] (NMM) [Entered: 08/30/2023 01:37 PM] |
| Filing 26 ECF FILER: LETTER on behalf of Appellant Nadia M. Metroka. Appellant Nadia M. Metroka will adopt the on behalf of Appellant Nadia M. Metroka. Certificate of Service dated 08/28/2023.Service made by Email. This document will be SENT TO THE MERITS PANEL if/when applicable. [23-2220] (NMM) [Entered: 08/28/2023 07:21 PM] |
Filing 25
ORDER (Clerk) These two appeals are from the same district-court action. Broadly speaking, the plaintiff's first appeal is from an order dismissing her claims against some defendants. The district court then addressed the other defendants, and the plaintiff filed her second appeal. Various duplicate and amended notices of appeal have also been filed. The plaintiff's first appeal was previously dismissed for failure to pay the required $505 in fees. She moved to reopen that appeal but was informed that no action would be taken on that motion unless she satisfied the fees by August 8, 2023. The plaintiff tendered one $505 check to the district court, received on August 9, 2023. This Court credited the payment to the plaintiff's open second appeal. In the plaintiff's present motion, she asks that her two appeals be consolidated and that she be allowed to proceed without paying a second $505 payment. Both requests are DENIED. Fees of $505 are required for each appeal that the plaintiff chose to begin, even if they are related or consolidated. See, e.g., Ammons v. Gerlinger, 547 F.3d 724, 726 (7th Cir. 2008); Lebron v. Russo, 263 F.3d 38, 4042 (2d Cir. 2001). The plaintiff's request to waive the fees due for one of her appeals is DENIED. See Porter v. Dep't of the Treasury, 564 F.3d 176, 17980 (3d Cir. 2009) ("[T]he Clerk of this Court is authorized to deny future motions [. . .] to waive appellate filing and docketing fees."). The plaintiff's first appeal remains dismissed, and no further action will be taken on her motion to reopen it because she did not satisfy the fees by the deadline set in the Clerks' noncompliance order and still has not paid a second $505 in fees. The request to consolidate or "merge" the two appeals is DENIED without prejudice to seeking consolidation in the event the first appeal is reopened. This denial does not affect the scope of the plaintiff's second appeal (i.e., whether that appeal implicates the district court's earlier decisions that may have merged into the later orders on appeal). Only the Court can decide the second appeal's scope after reviewing the parties' jurisdictional responses or briefs. (AMR) [Entered: 08/25/2023 02:56 PM]
|
| Filing 24 MOTION filed by Appellant Nadia M. Metroka "for the Individual Cases in This Matter Pertaining to Each Party in the Underlying Action [to] Be Merged into One", 23-2004 and 23-2220. Response due on 09/05/2023. Certificate of Service dated 08/24/2023. Service made by Email. (AMR) [Entered: 08/25/2023 02:39 PM] |
| Filing 23 ECF FILER: Motion filed by Appellant Nadia M. Metroka for Extension of Time to file Response to Concern Regarding Jurisdiction until/for 10. Certificate of Service dated 08/25/2023. Service made by ECF. [23-2220] (NMM) [Entered: 08/25/2023 01:44 PM] |
| Filing 22 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Nadia M. Metroka advising this court that no transcripts are available. [23-2220] (NMM) [Entered: 08/21/2023 03:01 PM] |
| Filing 21 Notice received from the district court that the docketing and filing fees were paid by the appellant on 08/10/2023. (AMR) [Entered: 08/10/2023 01:25 PM] |
| Filing 20 ECF FILER: ENTRY OF APPEARANCE from Brian C. Conley on behalf of Appellee(s) Lower Moreland Township; Officer Kelly Heist. [23-2220] (BCC) [Entered: 08/07/2023 09:34 AM] |
| Filing 19 ECF FILER: ENTRY OF APPEARANCE from David J. MacMain on behalf of Appellee(s) Lower Moreland Township; Officer Kelly Heist. [23-2220] (DJM) [Entered: 08/07/2023 09:31 AM] |
| Filing 18 FOLLOW UP LETTER to Nadia M. Metroka, Esq. for Nadia M. Metroka requesting the following document(s): Transcript Purchase Order on or before 08/21/2023.. (AMR) [Entered: 08/07/2023 09:21 AM] |
| Filing 17 FOLLOW UP LETTER to Brian C. Conley, Esq. for Lower Moreland Police Department and Kelly E. Heist and David J. MacMain, Esq. for Lower Moreland Police Department and Kelly E. Heist requesting the following document(s): Appearance Form within 14 days. (AMR) [Entered: 08/07/2023 09:13 AM] |
| Filing 16 ECF FILER: Concise Summary of the Case filed by Appellant Nadia M. Metroka. [23-2220] (NMM) [Entered: 08/05/2023 03:04 PM] |
| Filing 15 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Nadia M. Metroka. [23-2220] (NMM) [Entered: 08/05/2023 02:56 PM] |
| Filing 14 ECF FILER: Concise Summary of the Case filed by Appellant Nadia M. Metroka. [23-2220] (NMM) [Entered: 08/05/2023 01:30 PM] |
| Filing 13 ECF FILER: Response filed by Appellee Google Inc to clerk order. Certificate of Service dated 08/04/2023. [23-2220] (RJ) [Entered: 08/04/2023 02:00 PM] |
| Filing 12 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Google Inc. [23-2220] (RJ) [Entered: 08/04/2023 01:52 PM] |
| Filing 11 ECF FILER: ENTRY OF APPEARANCE from Ryan James on behalf of Appellee(s) Google Inc.. [23-2220] (RJ) [Entered: 08/04/2023 01:50 PM] |
| Filing 10 ECF FILER: Response filed by Appellee Pennsylvania State Police to clerk order advising of possible dismissal. Certificate of Service dated 08/03/2023. [23-2220] (CMT) [Entered: 08/03/2023 04:10 PM] |
| Filing 9 ECF FILER: Response filed by Appellees Kelly E. Heist and Lower Moreland Police Department to clerk order. Certificate of Service dated 08/03/2023. [23-2220] (BCC) [Entered: 08/03/2023 01:11 PM] |
| Filing 8 ECF FILER: Response filed by Appellee County of Montgomery to clerk order. Certificate of Service dated 08/03/2023. [23-2220] (BOP) [Entered: 08/03/2023 10:00 AM] |
| Filing 7 ECF FILER: ENTRY OF APPEARANCE from Brian O'Neill Phillips on behalf of Appellee(s) Montgomery County. [23-2220] (BOP) [Entered: 08/03/2023 09:54 AM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from Claudia M. Tesoro on behalf of Appellee(s) Pennsylvania State Police [also referred to as Pennsylvania State Law Enforcement]. [23-2220] (CMT) [Entered: 07/31/2023 12:21 PM] |
|
Filing 5
ORDER (Clerk) The appellant seeks review of an order resolving all claims against one defendant. Because the claims against another defendant were previously voluntarily dismissed without prejudice, this may not be a final decision under 28 U.S.C. 1291 or otherwise appealable. See, e.g., Doe v. Hesketh, 828 F.3d 159, 16467 (3d Cir. 2016) (Ordinarily, we do not have jurisdiction under 1291 of an appeal in which any defendant was dismissed below by the district court without prejudice.). All parties must file written responses addressing this issue, with a certificate of service attached, within fourteen (14) days from the date of this order. (AMR) [Entered: 07/21/2023 04:46 PM]
|
| Filing 4 Certified Copy of Amended Notice of Appeal filed 07/17/2023 received from Clerk of District Court. (AMR) [Entered: 07/21/2023 04:43 PM] |
| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (AMR) [Entered: 07/21/2023 04:41 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (AMR) [Entered: 07/21/2023 04:40 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Nadia M. Metroka in District Court No. 2-23-cv-00601. (AMR) [Entered: 07/21/2023 04:36 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
