In re: Rodrick Brayboy
| In re: RODRICK BRAYBOY |
| MAHANOY SCI, BERNADETTE MASON, THE ATTORNEY GENERAL OF THESTATE OF JOSHUA D. SHAPIRO, THE DISTRICT ATTORNEY OF THECOUNTY OF JACK STOLLSTEIMER and DISTRICT ATTORNEY DELAWARE COUNTY |
| 24-2587 |
| August 29, 2024 |
| U.S. Court of Appeals, Third Circuit |
| Other |
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Filing 5
ORDER (Clerk) After the above-captioned petition for writ of mandamus was received, the petitioner was ordered to bring the petition into compliance with Federal Rule of Appellate Procedure 21 by paying the required fee and filing a certificate showing that a copy of the petition has been served on the other parties and provided to the district-court judge. In lieu of paying the fee, the petitioner has submitted a motion to proceed in forma pauperis ("IFP"). The motion is not, however, sufficiently complete for the Court to rule on at this time because it does not include a statement of the petitioner's institutional account for the prior six months. It is noted that petitioner states he has encountered difficulty obtaining an account statement from the correctional facility where he resides, and he requests that the Court obtain one for him. However, the petitioner himself must obtain the six-month statement certified by the appropriate institutional officer, pursuant to Fed. R. App. P. 24(a)(5), 24(a)(1), and Form 4. A copy of "Certification of Prison Account Statement" to prison officials has been enclosed for your convenience. Additionally, the petitioner did not submit the required certificate of service, showing that a copy of the petition has been served on the other parties and provided to the district-court judge. For both of these reasons, action on the petition for writ of mandamus and IFP motion is deferred. See Fed. R. App. P. 21(a)(3). Within fourteen (14) days, the petitioner must either pay the required fee or complete the IFP motion by filing a statement of the petitioner's institutional account for the prior six months. The 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). 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. No action will be taken on the filings unless both of these things are received. 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. (AMR) [Entered: 10/02/2024 03:42 PM]
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| Filing 4 Affadavit accompanying Motion for permission to Appeal Informa Pauperis filed by Petitioner Rodrick Brayboy. Clerk's office made service on 09/13/2024. Service made by ECF. (AMR) [Entered: 09/13/2024 11:55 AM] |
| Filing 3 MOTION filed by Petitioner Rodrick Brayboy to Proceed In Forma Pauperis. Response due on 09/23/2024. Clerk's office made service on 09/13/2024. Service made by ECF. (AMR) [Entered: 09/13/2024 11:49 AM] |
| 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 de 09/12/2024. (AMR) [Entered: 08/29/2024 11:20 AM] |
| Filing 1 PETITION FOR WRIT OF MANDAMUS DOCKETED. Notice filed by Petitioner Rodrick Brayboy. (AMR) [Entered: 08/29/2024 10:47 AM] |
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