Rodrick BrayboyIn re: Rodrick Brayboy
| In re: RODRICK BRAYBOY |
| MAHANOY SCI, THE ATTORNEY GENERAL OF THE STATE OF JOSHUA D. SHAPIRO, DISTRICT ATTORNEY DELAWARE COUNTY and BERNADETTE MASON |
| 24-1924 |
| May 20, 2024 |
| U.S. Court of Appeals, Third Circuit |
| Other |
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| Filing 2 NONCOMPLIANCE Order: Action on the above-captioned petition for writ of mandamus is hereby deferred. Petitioner did not submit the docketing fee or a motion for leave to proceed in forma pauperis ("IFP") with the mandamus petition. Within fourteen (14) days of the date of this order, Petitioner must either remit payment of the $600.00 docketing fee or file a motion for leave to proceed in forma pauperis and affidavit. A form IFP affidavit is enclosed for Petitioner's convenience. Any IFP motion filed by a prisoner must be accompanied by a certified statement of the institutional account for the six months prior to this date. It is noted that a petition for writ of mandamus is an original action and a separate motion for leave to proceed in forma pauperis must be filed, regardless of Petitioner's fee status in other proceedings. If the docketing fee is not paid or the IFP motion is not filed, the petition may be dismissed without further notice. See 3d Cir. L.A.R. 3.3(a), 107.1(a). Petitioner must also serve the petition on each party to the proceeding in the trial court (or on counsel for each party), and provide a copy of the petition for writ of mandamus to the District Court judge. See Fed. R. App. P. 21(a)(1). In addition, a copy of the IFP motion must be served on each party to the proceeding, to include the District Court judge. A certificate of service reflecting that the petition has been served must be submitted to the Court of Appeals within fourteen (14) days of the date of this order. See Fed. R. App. P. 21, 25. The petition will not be submitted to the Court until the docketing fee or IFP motion and the certificate of service are received. See Fed. R. App. P. 21(a)(3). If they are not received by the deadline, the petition may be dismissed without further notice. See 3d Cir. L.A.R. 107.1, 107.2. Compliance due 06/03/2024. (AMR) [Entered: 05/20/2024 10:46 AM] |
| Filing 1 PETITION FOR WRIT OF MANDAMUS DOCKETED. Notice filed by Petitioner Rodrick Brayboy. (AMR) [Entered: 05/20/2024 10:41 AM] |
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