Matthew Dec v. Commonwealth of Pennsylvania, et al
| BUTLER COUNTY SOLICITORS OFFICE, Butler County Solicitors Office |
| MATTHEW P. DEC |
| COMMONWEALTH OF PENNSYLVANIA, PA Attorney General, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, PA Chief Counsel Office, PennDot and PENNSYLVANIA STATE POLICE |
| 23-2765 |
| September 29, 2023 |
| U.S. Court of Appeals, Third Circuit |
| Other Civil Rights |
Docket Report
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This docket was last retrieved on November 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 MOTION filed by Appellant Matthew P. Dec to Expedite Ruling Via 18 USC 1966. (JK) [Entered: 11/27/2023 05:36 PM] |
Filing 12
ORDER (KRAUSE, FREEMAN and SCIRICA, Circuit Judges) Appellant's motion to proceed in forma pauperis is granted because he is "economically eligible" for such status. Sinwell v. Shapp, 536 F.2d 15, 19 (3d Cir. 1976) (citation omitted). A notice of appeal in a civil case in which the United States is not a party must be filed within 30 days of the date of entry of the judgment or order appealed. See Fed. R. App. P. 4(a)(1)(A). The District Court entered judgment on June 8, 2023. Appellant's notice of appeal was filed approximately three-and-one-half months later, on September 25, 2023. But Appellant's notice of appeal, which suggests that he did not receive the District Court's order until the time to appeal had expired, may be construed as a motion under Federal Rule of Appellate Procedure Rule 4(a)(6). Accordingly, we hereby remand this matter to the District Court for the limited purpose of that court's consideration of whether Appellant is entitled to relief under Rule 4(a)(6). We have made no inquiry and thus express no opinion as to whether Appellant has met the Rule 4(a)(6) criteria. Pending resolution of this matter in the District Court, we will hold in abeyance all other matters before this Court. Either party may timely appeal the District Court's disposition if it disagrees with the outcome. See Amatangelo v. Borough of Donora, 212 F.3d 776, 780 (3d Cir. 2000). If the District Court grants relief under Rule 4(a)(6), Appellant does not need to file another notice of appeal; the relief will apply to the notice of appeal that he has already filed.. Panel No.: CLD-027. KRAUSE, Authoring Judge. (JK) [Entered: 11/27/2023 05:29 PM]
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| Filing 11 ECF FILER: ENTRY OF APPEARANCE from Daniel B. Mullen on behalf of Appellee(s) the Commonwealth of Pennsylvania, Pa. Attorney General; Pennsylvania Department of Transportation; and Pennsylvania State Police. [23-2765] (DBM) [Entered: 11/14/2023 10:24 AM] |
| Filing 10 DOCUMENT filed by Appellant Matthew Dec titled Supplemental Attachment of Historical Import. (JK) [Entered: 11/06/2023 05:16 PM] |
| Filing 9 Brief Received from Appellant Matthew Dec. 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. (JK) [Entered: 10/31/2023 02:19 PM] |
| Filing 8 FOLLOW UP LETTER to Attorney Amelia J. Goodrich, Esq. for Appellees Pennsylvania Department of Transportation, Commonwealth of Pennsylvania and Pennsylvania State Police requesting the following document(s): Appearance Form on or before 10/27/2023. (JK) [Entered: 10/20/2023 03:03 PM] |
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Filing 7
ORDER (Clerk) referring to a motions panel the motion to proceed in forma pauperis filed by Appellant Matthew P. Dec. (JK) [Entered: 10/20/2023 02:57 PM]
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| Filing 6 RESPONSE on behalf of Appellant Matthew P. Dec to Legal Division letter advising of possible dismissal [ # 4 ]. (JK) [Entered: 10/18/2023 04:24 PM] |
| Filing 5 MOTION filed by Appellant Matthew P. Dec to Proceed In Forma Pauperis. (JK) [Entered: 10/10/2023 05:13 PM] |
| Filing 4 LEGAL DIVISION LETTER SENT advising that the case has been listed for possible dismissal due to jurisdictional defect. (ZM) [Entered: 10/03/2023 11:52 AM] |
| 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 (PDB) [Entered: 09/29/2023 10:54 AM] |
| Filing 2 RECORD available on District Court CM/ECF. (PDB) [Entered: 09/29/2023 10:54 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Matthew P. Dec in District Court No. 2-22-cv-01290. (PDB) [Entered: 09/29/2023 10:50 AM] |
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