Ishmael Burk v. Long, et al
| ISHMAEL ALI SHUKAR BURK |
| MS. LONG, MR. VERONE, D. FISHER and BENJAMIN MILLER, Administrator of the Estate of Joseph Miller |
| 23-3025 |
| November 15, 2023 |
| U.S. Court of Appeals, Third Circuit |
| Prisoner-Civil Rights |
Docket Report
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Filing 13
ORDER (Clerk) Appellants motion for extension of time to file application to proceed in forma pauperis is granted is granted with filing as of December 18, 2023. The motion to proceed in forma pauperis is granted. Appellant is a prisoner and seeks to proceed in forma pauperis on appeal. Appellant is required to pay the full $505.00 fee in installments regardless of the outcome of the appeal. 28 U.S.C. Section 1915 (b). The Court hereby directs the warden or his or her designee to assess an initial filing fee, when funds are available, of 20% of the greater of (a) the average monthly deposits to the prisoners account; or (b) the average monthly balance in the prisoners account for the six-month period immediately preceding the filing of the notice of appeal. The warden, or his or her designee, shall calculate, collect, and forward the initial payment assessed in this order to the United States District Court for the Middle District of Pennsylvania. In each succeeding month when the amount in the prisoners account exceeds $10.00, the warden, or his or her designee, shall forward payments to the United States District Court for the Middle District of Pennsylvania equaling 20% of the preceding months income credited to the prisoners account until the fees are paid. Each payment shall reference the appellate docket number for this appeal. The warden, or his or her designee, shall forward payments to the appropriate courts simultaneously if there are multiple orders. The appeal will be submitted to a panel of this court for determination under 28 U.S.C. Section 1915(e)(2) as to whether the appeal will be dismissed as legally frivolous or whether summary action under Third Circuit L.A.R. 27.4 and I.O.P. 10.6 is appropriate. In making this determination, the district court opinion and record will be examined. Appellant may submit argument, which should not exceed 5 pages, in support of the appeal. The document, with certificate of service, must be filed with the clerk within 21 days of the date of this order. Appellee need not file a response unless directed to do so. The court may reconsider in forma pauperis status at any time. (SB) [Entered: 12/21/2023 12:26 PM]
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| Filing 12 IN FORMA PAUPERIS PRISONER AUTHORIZATION on behalf of Appellant Ishmael Ali Shukar Burk. (SB) [Entered: 12/19/2023 08:12 AM] |
| Filing 11 IN FORMA PAUPERIS PRISONER ADDENDUM on behalf of Appellant Ishmael Ali Shukar Burk. (SB) [Entered: 12/19/2023 08:12 AM] |
| Filing 10 PRISONER ACCOUNT STATEMENT on behalf of Appellant Ishmael Ali Shukar Burk. (SB) [Entered: 12/19/2023 08:11 AM] |
| Filing 9 MOTION filed by Appellant Ishmael Ali Shukar Burk to Proceed In Forma Pauperis. Response due on 12/18/2023. Certificate of Service dated 12/04/2023. Service made by US mail. (SB) [Entered: 12/19/2023 08:10 AM] |
| Filing 8 MOTION filed by Appellant Ishmael Ali Shukar Burk for Extension of Time to File for In Forma Pauperis. Response due on 12/18/2023. Certificate of Service dated 12/04/2023. Service made by US mail. (SB) [Entered: 12/08/2023 03:11 PM] |
| Filing 7 ECF FILER: ENTRY OF APPEARANCE from Howard G. Hopkirk on behalf of Appellee(s) Benjamin Miller. Administrator for the estate of Joseph Miller. [23-3025] (HGH) [Entered: 12/04/2023 06:29 PM] |
| Filing 6 Certified copy of duplicate notice of appeal filed in the district court on 11/29/2023 received from Clerk of District Court. (SB) [Entered: 12/04/2023 12:34 PM] |
| Filing 5 FOLLOW UP LETTER to Nicole R. Ditomo, Esq. for Appellee Benjamin Miller and Daniel P. McGannon, Esq. for Appellee Benjamin Miller requesting the following document(s): Appearance Form on or before 12/14/2023. (SB) [Entered: 11/30/2023 09:12 AM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Tara J. Wikhian on behalf of Appellee(s) Long, Fisher. [23-3025] (TJW) [Entered: 11/28/2023 10:48 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 (SB) [Entered: 11/15/2023 09:53 AM] |
| Filing 2 RECORD available on District Court CM/ECF. (SB) [Entered: 11/15/2023 09:52 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Ishmael Ali Shukar Burk in District Court No. 1-20-cv-02179. (SB) [Entered: 11/15/2023 09:48 AM] |
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