The Consumer v. Borough of West Newton, et al
| THE CONSUMER |
| BOROUGH OF WEST NEWTON, MARY POPOVICH, Borough Manager, sued in her individual and official capacity and STEVE BURKETT, firefighter chief sued in his individual and official capacity |
| 26-1214 |
| February 10, 2026 |
| U.S. Court of Appeals, Third Circuit |
| Other Civil Rights |
Docket Report
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| Document Text |
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| Filing 8 MOTION filed by Appellant Consumer to Vacate Clerk's 3/9/26 Order, to Seal Case, to Appoint Counsel, and for Other Relief. (JK) [Entered: 03/31/2026 07:06 PM] |
Filing 7
ORDER (Clerk) Action on the sealed motion to seal is deferred. The Court has authority to appoint counsel only for indigent litigants. See 28 U.S.C. Section: 1915(e). If Appellant cannot afford counsel, a motion to proceed in forma pauperis and an affidavit of poverty must be filed in addition to the motion for appointment of counsel. The motion and affidavit must be served on opposing parties and a certificate of service must be filed with the Clerk. Appellant is further advised that the Court does not automatically appoint counsel for all litigants. In addition to meeting the indigency requirement, Appellant must also satisfy the requirements set forth in Tabron v. Grace, 6 F.3d 147, 155 (3d Cir. 1993). Appellant must, therefore, file a supplement to her motion setting out how she meets those requirements. The supplement, motion to proceed in forma pauperis, and affidavit must be filed within 14 days of the date of this order. In addition, as Appellant has requested to proceed under a pseudonym, she must also file, within the same 14-day period, a separate sealed response containing her full name and contact information as directed in the January 26, 2026 Clerk's Order (JK) [Entered: 03/09/2026 12:23 PM]
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| Filing 6 MOTION filed by Appellant Consumer to Seal the Full Appellate Record, for Appointment of Counsel, to Waive All Challenged Disclosures, to Waive All Challenged Obstacles and Laws and For All Appropriate and Prospective Declaratory Relief Sought. (JK) [Entered: 02/18/2026 12:48 PM] |
| Filing 5 LEGAL DIVISION LETTER SENT advising that the case has been listed for possible dismissal due to jurisdictional defect. (ZM) [Entered: 02/13/2026 03:54 PM] |
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Filing 4
ORDER (Clerk) Appellant filed an action and various motions in district under seal and did not provide her contact information in the filings. Filing under seal in district court does not, however, mean that the documents filed in this Court will be sealed. See 3d Cir. L.A.R. 106.1(a) & (c)(2) (requiring motion in court of appeals even where records were sealed by district court). Unless this Court orders otherwise, documents filed in this Court are publicly accessible. If the parties believe their briefs, the appendix, or other documents must be filed under seal, any sealed filings must be accompanied by a motion to seal. Motions to seal must set forth with particularity the reasons why sealing is necessary, explain the basis for sealing, and specify the desired duration of the sealing order. See 3d Cir. L.A.R. 106.1(a). Even if the Court permits a document to be filed under seal, the Court may require that a redacted version be made publicly accessible. In accordance with Third Circuit Local Appellate Rule 106.1(c)(2), the appellant's notice of appeal and district court order have been filed under seal. They will remain under seal for thirty days from this order to give Appellant an opportunity to file a motion asking this Court to seal them. If such a motion is filed, they will remain sealed until further order of this Court. Otherwise, they will be unsealed by the Clerk without further notice. Appellant used a pseudonym when filing the case in District Court. The Clerk has docketed this action using the pseudonym instead of Appellant's full name. If, however, the Appellant wish to continue using a pseudonym on appeal, Appellant must file in this Court a separate motion requesting such relief. In addition, as it does not appear that Appellant's name, address or phone number is in any of the District Court filings, Appellant must provide the Court with this information to insure proper internal processing of this appeal. If Appellant is filing a motion to proceed under a pseudonym, their full name and contact information should be filed in a separate SEALED response to this Order. Otherwise, Appellant may file a letter response indicating they are not proceeding under initials and disclosing their name and contact information. The motion and/or response must be filed within seven (7) days of the date of this order. (JK) [Entered: 02/10/2026 02:03 PM]
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| 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 (JK) [Entered: 02/10/2026 01:52 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (JK) [Entered: 02/10/2026 01:52 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Consumer in District Court No. 2:25-cv-02025. (JK) [Entered: 02/10/2026 01:47 PM] |
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