Gabriel Rosa-Diaz v. John Rivello, et al
| GABRIEL ROSA-DIAZ |
| JOHN RIVELLO, Deputy Superintendent Facility Management, J. LUTHER, Facility Manager, C. WAKEFIELD, Deputy Superintendent Centralize Services, B. FISHER, Unit Manager, C. GARMAN, C.C.P.M., YODER, Correctional Officer, MOORE, Lieutenant, MCGRATH, Lieutenant, VAUGHN, JOHN E. WETZEL, ALLISON L. DEIBERT, Deputy Attorney General and LISA HOLLIBAUGH, Grievance Counselor |
| 23-3176 |
| December 12, 2023 |
| U.S. Court of Appeals, Third Circuit |
| Prisoner-Civil Rights |
Docket Report
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This docket was last retrieved on February 8, 2024. A more recent docket listing may be available from PACER.
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| Filing 12 RETURNED MAIL. U.S. Postal Service returned clerk order [ # 9 ] sent to Appellant Gabriel Rosa-Diaz. Mail was returned for filed authentication at the prison. (CJG) [Entered: 02/08/2024 11:56 AM] |
| Filing 11 CLERK's LETTER to Appellant Appellant Gabriel Rosa-Diaz in response to his letter received February 1, 2024 providing status of the appeal. As the prison has appeared to have rejected the Clerk's Order entered January 24, 2024, the deadlines set forth originally are extended by 21 days from the date of this letter. The mail is hereby resent to the existing address on file. (CJG) [Entered: 02/06/2024 08:56 AM] |
| Filing 10 LETTER from Appellant Gabriel Rosa-Diaz requesting to be informed of the status of the case and advising the Court that on January 26, 2024, the prison rejected correspondence from this office. (CJG) [Entered: 02/06/2024 08:52 AM] |
Filing 9
ORDER (Clerk) The motion to accept late payment of the filing fee is granted. Appellant must either pay to the district court the entire docketing and filing fee or file a motion for leave to proceed in forma pauperis, along with an addendum to the affidavit in support of the motion for leave to proceed in forma pauperis , a completed form authorizing assessments to be made from his prison account, and a certified prison account statement within 21 days from the date of this Order. [-See Order for Full Text.] (CJG) [Entered: 01/24/2024 02:12 PM]
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| Filing 8 MOTION filed by Appellant Gabriel Rosa-Diaz for Consideration to Accept Late Payment for Appeal Filing Fee. Response, if any, due on 02/01/2024. Certificate of Service dated 01/22/2024. Service made by ECF. (CJG) [Entered: 01/22/2024 03:28 PM] |
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Filing 7
ORDER (Clerk) As the December 22, 2023 order dismissing the case was entered prematurely, the order is hereby VACATED and the appeal is REINSTATED. Action on Appellant's letter motion to dismiss the case is hereby deferred. Appellant indicated in the motion that he would be willing to proceed with the appeal if the Court appointed counsel to represent him. The Court does not, in the normal course, sua sponte appoint counsel for litigants. If Appellant wishes to have counsel appointed, he must file a motion requesting such within 14 days of the date of this order. If Appellant would still like to withdraw the appeal, a letter response indicating such must be filed and served within the same 14-day period. [-See Order for Full Text.] (CJG) [Entered: 12/22/2023 01:02 PM]
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Filing 6
ORDER (Clerk) dismissing case pursuant to Fed. R. App. P. 42(b). [-VACATED 12/22/23]--[Edited 12/22/2023 by CJG] (CJG) [Entered: 12/22/2023 09:29 AM]
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| Filing 5 MOTION filed by Appellant Gabriel Rosa-Diaz to Dismiss Appeal pursuant to Fed. R. App. P. 42(b). (CJG) [Entered: 12/22/2023 09:28 AM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Howard G Hopkirk on behalf of Appellee(s) Rivello, Wakefield, Fisher, Moore, Yoder, Luther and Garman. [23-3176] (HGH) [Entered: 12/20/2023 02:32 PM] |
| Filing 3 RECORD available on District Court CM/ECF. (CJG) [Entered: 12/12/2023 10:27 AM] |
| Filing 2 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 (CJG) [Entered: 12/12/2023 10:27 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Gabriel Rosa-Diaz in District Court No. 1-19-cv-01914. (CJG) [Entered: 12/12/2023 10:23 AM] |
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