Ivan McKinney v. Christopher Holmes, et al
| IVAN G. MCKINNEY |
| CHRISTOPHER HOLMES, Administrator, South Woods State Prison |
| 25-1447 |
| March 13, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Prisoner-Civil Rights |
Docket Report
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Filing 13
ORDER (RESTREPO, FREEMAN and NYGAARD, Circuit Judges) We dismiss the appeal for lack of jurisdiction as the notice of appeal was untimely filed. A notice of appeal in a civil case where the United States is not a party must be filed within thirty days of the entry of the order appealed. Fed. R. App. P. 4(a)(1)(A); see Bowles v. Russell, 551 U.S. 205, 207 (2007) (time limits to appeal in civil cases are "mandatory and jurisdictional"). The District Court's order was entered on January 17, 2025, and the notice of appeal was not dated until February 27, 2025, more than thirty days later. See Houston v. Lack, 487 U.S. 266, 276 (1988) (prisoner's pleading considered filed when given to prison officials for mailing). Appellant has not filed anything with the District Court or this Court that could be construed as a timely motion for relief under Rules 4(a)(5) or 4(a)(6) of the Federal Rules of Appellate Procedure, and his time to do so has expired. See Fed. R. App. P. 4(a)(5)(A)(i), 4(a)(6)(B). Accordingly, this appeal is dismissed. In light of our ruling, we do not reach the issues of possible dismissal under 28 U.S.C. Section: 1915(e)(2)(B) or possible summary action. Panel No.: DLD-176. Nygaard, Authoring Judge. (GCH) [Entered: 07/16/2025 02:25 PM]
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Filing 12
ORDER (Clerk) granting motion to proceed in forma pauperis filed by Appellant Ivan G. McKinney. The appeal will be submitted to a panel for determination under 28 U.S.C. Section 1915(e)(2) or for summary action under Third Circuit L.A.R. 27.4 and I.O.P. 10.6. 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. (GCH) [Entered: 05/02/2025 09:03 AM]
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| Filing 11 PRISONER ACCOUNT STATEMENT on behalf of Appellant Ivan G. McKinney. (CJG) [Entered: 04/29/2025 09:52 AM] |
| Filing 10 IN FORMA PAUPERIS PRISONER ADDENDUM on behalf of Appellant Ivan G. McKinney. (CJG) [Entered: 04/29/2025 09:51 AM] |
| Filing 9 IN FORMA PAUPERIS PRISONER AUTHORIZATION on behalf of Appellant Ivan G. McKinney. (CJG) [Entered: 04/29/2025 09:51 AM] |
| Filing 8 MOTION filed by Appellant Ivan G. McKinney to Proceed In Forma Pauperis. (CJG) [Entered: 04/29/2025 09:50 AM] |
| Filing 7 LETTER MOTION filed by Appellant Ivan G. McKinney for Extension of Time to File for In Forma Pauperis. (CJG) [Entered: 04/29/2025 09:49 AM] |
| Filing 6 Copy of Letter by Appellant Ivan McKinney to Opposing Counsel, for the Court's information. (CJG) [Entered: 04/29/2025 09:48 AM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Leo R. Boerstoel on behalf of Appellee(s) Christopher Holmes. [25-1447] (LRB) [Entered: 03/20/2025 11:55 AM] |
| Filing 4 LEGAL DIVISION LETTER SENT advising that the case has been listed for possible dismissal due to jurisdictional defect. (NF) [Entered: 03/17/2025 02:30 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 (GCH) [Entered: 03/13/2025 11:55 AM] |
| Filing 2 RECORD available on District Court CM/ECF. (GCH) [Entered: 03/13/2025 11:55 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Ivan G. McKinney in District Court No. 2:14-cv-03563. (GCH) [Entered: 03/13/2025 11:50 AM] |
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| Plaintiff: IVAN G. MCKINNEY | |
| Represented By: | Ivan G. McKinney |
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| Defendant: CHRISTOPHER HOLMES, Administrator, South Woods State Prison | |
| Represented By: | Andrew C. Matlack Esq. |
| Represented By: | Leo R. Boerstoel Esq. |
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