Michael Rivera v. New Castle County Police Department, et al
| MICHAEL A. RIVERA |
| NEW CASTLE COUNTY POLICE DEPARTMENT, CORPORAL ANDREW ROSAIO, OFFICER JOSEPH MIHALYI, SERGEANT BRADLEY LANDIS, OFFICER KENNETH GUARINO and MASTER CORPORAL SILVIO MARTIN |
| 24-1338 |
| February 27, 2024 |
| U.S. Court of Appeals, Third Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 11 ECF FILER: ENTRY OF APPEARANCE from Daniel A. Griffith, Esquire on behalf of Appellee(s) New Castle County Police Department, Corporal Andrew Rosaio, Officer Joseph Mihalyi, Sergeant Bradley Landis, Officer Kenneth Guarino, Master Corporal Silvio Martin. [24-1338] (DAG) [Entered: 03/22/2024 03:15 PM] |
| Filing 10 FOLLOW UP LETTER to Attorney Daniel A. Griffith, Esq. for Appellees New Castle County Police Department, Andrew Rosaio, Joseph Mihalyi, Bradley Landis, Kenneth Guarino and Silvio Martin requesting the following document(s): Appearance Form within 14 days. (AMR) [Entered: 03/22/2024 11:02 AM] |
Filing 9
ORDER (Clerk) The foregoing motions are considered. The application 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 $605.00 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 prisoner's account; or (b) the average monthly balance in the prisoner's 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 District of Delaware. In each succeeding month when the amount in the prisoner's account exceeds $10.00, the warden, or his or her designee, shall forward payments to the United States District Court for the District of Delaware equaling 20% of the preceding month's income credited to the prisoner's 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 motion for appointment of counsel is referred to the same panel of the court that will make the 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. The court may reconsider in forma pauperis status at any time. (AMR) [Entered: 03/22/2024 10:58 AM]
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| Filing 8 PRISONER ACCOUNT STATEMENT on behalf of Appellant Michael A. Rivera. (TMM) [Entered: 03/18/2024 03:03 PM] |
| Filing 7 MOTION filed by Appellant Michael A. Rivera for Appointment of Counsel. Certificate of Service dated 03/10/2024. Service made by US mail. (TMM) [Entered: 03/15/2024 04:44 PM] |
| Filing 6 IN FORMA PAUPERIS PRISONER ADDENDUM on behalf of Appellant Michael A. Rivera. (TMM) [Entered: 03/15/2024 04:42 PM] |
| Filing 5 IN FORMA PAUPERIS PRISONER AUTHORIZATION on behalf of Appellant Michael A. Rivera. (TMM) [Entered: 03/15/2024 04:41 PM] |
| Filing 4 MOTION filed by Appellant Michael A. Rivera to Proceed In Forma Pauperis. Certificate of Service dated 03/10/2024. Service made by US mail. (TMM) [Entered: 03/15/2024 04:40 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 (TMM) [Entered: 02/27/2024 10:09 AM] |
| Filing 2 RECORD available on District Court CM/ECF. (TMM) [Entered: 02/27/2024 10:08 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Michael A. Rivera in District Court No. 1-20-cv-01758. (TMM) [Entered: 02/27/2024 10:00 AM] |
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