Nicholas Dupree v. Secretary Pennsylvania Department of Corrections, et al
| NICHOLAS DUPREE |
| SECRETARY PENNSYLVANIA DEPARTMENT OF CORRECTIONS, DISTRICT ATTORNEY PHILADELPHIA and ATTORNEY GENERAL PENNSYLVANIA |
| 23-2784 |
| October 2, 2023 |
| U.S. Court of Appeals, Third Circuit |
| Habeas Corpus |
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Filing 9
ORDER (Clerk) There are $505 in fees associated with filing an appeal. If an appellant cannot afford those fees, they may request permission to proceed in forma pauperis. See Fed. R. App. P. 24; 3d Cir. L.A.R. 24.1.3. An appeal may be dismissed if the fees are not paid or an IFP motion is not filed. See 3d Cir. L.A.R. 3.3, 24.2 107.1(a). In this case, the fees are past due and the appellant has neither paid them nor filed an IFP motion. Instead, he filed a motion asking the Court to waive prepayment of the fees. That request is denied. See Porter v. Dep't of the Treasury, 564 F.3d 176, 179180 (3d Cir. 2009) ("[T]he Clerk of this Court is authorized to deny future motions [. . .] to waive appellate filing and docketing fees."). If the appellant wants to pursue this appeal, he must, within fourteen days, either prepay the $505 fees or file an IFP motion. If he does neither of those things by the deadline, this appeal may be dismissed without further notice. See 3d Cir. L.A.R. 3.3, 24.2 107.1(a). If the appellant believes the Court should permit him to pay the fees in $50 monthly installment payments, this order does not prevent him from filing an IFP motion with his financial information and asking for an installment payment plan in the alternative. (AMR) [Entered: 11/29/2023 09:31 AM]
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| Filing 8 MOTION filed by Appellant Nicholas Dupree for monthly payment arrangements or waiver of filing fees under Equilty Jurisdiction. Response due on 10/20/2023. Certificate of Service dated 10/10/2023. Service made by ECF. (AMR) [Entered: 10/18/2023 01:27 PM] |
| Filing 7 MOTION filed by Appellant Nicholas Dupree for Certificate of Appealability. Response due on 10/20/2023. Certificate of Service dated 10/10/2023. Service made by ECF. (AMR) [Entered: 10/18/2023 01:22 PM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from Katherine Ernst on behalf of Appellee(s) Secretary Pa. Dept. of Corrections; District Attorney Philadelphia; Attorney General Pennsylvania. [23-2784] (KEE) [Entered: 10/10/2023 11:49 AM] |
| Filing 5 LEGAL DIVISION LETTER SENT advising that the case will be submitted to a panel of this Court for a decision on the issuance of certificate of appealability. (ZM) [Entered: 10/04/2023 02:09 PM] |
| Filing 4 Certified copy of Notice of Appeal received directly by Court of Appeals on 09/23/2023. (AMR) [Entered: 10/02/2023 02:55 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: 10/02/2023 02:50 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (AMR) [Entered: 10/02/2023 02:50 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Nicholas Dupree in District Court No. 2-20-cv-02392. (AMR) [Entered: 10/02/2023 02:45 PM] |
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