John Brock v. Superintendent Phoenix SCI, et al
| JOHN BROCK |
| SUPERINTENDENT PHOENIX SCI, DISTRICT ATTORNEY PHILADELPHIA and ATTORNEY GENERAL PENNSYLVANIA |
| 25-2950 |
| October 7, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Habeas Corpus |
Docket Report
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Filing 15
ORDER (BIBAS, PHIPPS and NYGAARD, Circuit Judges) This appeal is dismissed for lack of appellate jurisdiction. As a rule, "when a court vacates an order previously entered, the legal status is the same as if the order never existed." United States v. Jerry, 487 F.2d 600, 607 (3d Cir. 1973). Brock appeals from an order that was subsequently vacated by the District Court when it granted his motion to alter judgment under Federal Rule of Civil Procedure 59(e). Thus, the order is a legal nullity that cannot be appealed. Id.; Glens Falls Indem. Co. v. Am. Seating Co., 248 F.2d 846, 849 (9th Cir. 1957) (holding that an order which had been vacated and set aside by a subsequent order was not appealable); Nautilus Ins. Co. v. Winchester Homes, Inc., 15 F.3d 371, 380 (4th Cir. 1994) (refusing to review a vacated ruling on the grounds that such a ruling is a nullity from which no appeal can be taken) (overruled on other grounds). Panel No.: CLD-089. PHIPPS, Authoring Judge. (AMR) [Entered: 03/05/2026 04:46 PM]
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| Filing 14 ECF FILER: Response filed by Appellees Superintendent Phoenix SCI, District Attorney Philadelphia and Attorney General Pennsylvania to Legal Division order. Certificate of Service dated 11/13/2025. [25-2950] (ALF) [Entered: 11/13/2025 10:12 AM] |
| Filing 13 ECF FILER: ENTRY OF APPEARANCE from Allison L. Falk on behalf of Appellee(s) Supt. Phoenix SCI; District Attorney Philadelphia; Attorney General Pennsylvania. [25-2950] (ALF) [Entered: 11/12/2025 01:08 PM] |
| Filing 12 LETTER from Appellant John Brock enclosing a copy of the response he filed in District Court to the Magistrates Report and Recommendation. Service made on 11/10/2025 by ECF. (AMR) [Entered: 11/10/2025 03:28 PM] |
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Filing 11
ORDER (Clerk) Motion to proceed in forma pauperis filed by Appellant John Brock is granted. (TMM) [Entered: 11/05/2025 03:52 PM]
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| Filing 10 PRISONER ACCOUNT STATEMENT on behalf of Appellant John Brock. (LMR) [Entered: 11/04/2025 10:52 AM] |
| Filing 9 MOTION filed by Appellant John Brock to Proceed In Forma Pauperis. Certificate of Service dated 10/28/2025. Service made by US mail. (LMR) [Entered: 11/04/2025 10:52 AM] |
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Filing 8
ORDER (Clerk) directing an Answer to be filed on or before 11/13/2025. The parties are directed to show cause why this appeal should not be dismissed for lack of appellate jurisdiction. All responses must be filed within 14 days of the date of this Order. If appellant believes the appeal should be dismissed, he should file a motion to voluntarily dismiss the appeal pursuant to Fed. R. App. P. 42(b). (SH) [Entered: 10/30/2025 11:53 AM]
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| Filing 7 COPY OF OPINION/ORDER OF DISTRICT COURT dated 10/14/2025 signed by Joshua D. Wolson. (AMR) [Entered: 10/22/2025 11:38 AM] |
| Filing 6 LETTER from Appellant John Brock along with District Court Order. Service made on 10/22/2025 by ECF. (AMR) [Entered: 10/22/2025 11:35 AM] |
| Filing 5 CLERK ORDER - RULE 4(a)(4) staying case pending disposition of post decision motion(s). (TMM) [Entered: 10/09/2025 12:09 PM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Peter F. Andrews on behalf of Appellee(s) Supt. Phoenix SCI; District Attorney Philadelphia; Attorney General Pennsylvania. [25-2950] (PFA) [Entered: 10/09/2025 11:56 AM] |
| 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 (AMR) [Entered: 10/07/2025 04:37 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (AMR) [Entered: 10/07/2025 04:37 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant John Brock in District Court No. 2:23-cv-04754. (AMR) [Entered: 10/07/2025 04:34 PM] |
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