In re: Kmel
| In re: KMEL |
| ARTHUR L. ZULICK, CYRIL D. HIGGINS, JR., KATE BEST, NINTI MATEEN, SHIRLEY WOOD, MICHELLE WARSAW, TODD W. WEITZMANN, CURT PETER MITCHELL, AVAMARIE MITCHELL, JEREMY BARNUM, ROBERT LAY, JUANITA RUSSELL and PHILLIP J. CARABALLO |
| 26-1393 |
| February 24, 2026 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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| Filing 25 ECF FILER: Motion filed by Petitioner Kmel for Leave to File Exhibits to Petition for Rehearing. Certificate of Service dated 06/30/2026. [26-1393] (K) [Entered: 06/30/2026 09:31 PM] |
| Filing 24 CLERK'S OFFICE QUALITY CONTROL MESSAGE: THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. ECF #22 will be removed from docket as it was issued in error. (SB) [Entered: 06/23/2026 12:06 PM] |
| Filing 23 NONCOMPLIANCE Order sent to Petitioner Kmel requesting compliance to Petition for Panel Rehearing. Compliance due 06/30/2026. (SB) [Entered: 06/23/2026 11:58 AM] |
| Filing 22 NONCOMPLIANCE Order sent to Petitioner Kmel requesting Compliance due 06/30/2026. (SB) [Entered: 06/23/2026 11:56 AM] |
| Filing 21 ECF FILER: SEALED Exhibits to Petition for Panel Rehearing filed by Petitioner Kmel. Certificate of Service dated 06/23/2026. Service made by ECF. [26-1393]--[Edited 06/23/2026 by SB] (K) [Entered: 06/23/2026 03:55 AM] |
| Filing 20 ECF FILER: SEALED CORRECTED Petition for Panel Rehearing Certificate of Service dated 06/22/2026. Service made by ECF. [26-1393]--[Edited 06/23/2026 by SB] (K) [Entered: 06/23/2026 12:19 AM] |
| Filing 19 ECF FILER: Petition for Panel Rehearing filed by Petitioner Kmel. Certificate of Service dated 06/22/2026. [26-1393]--[Edited 06/23/2026 by SB] (K) [Entered: 06/22/2026 11:57 PM] |
Filing 18
ORDER (BIBAS, PHIPPS and NYGAARD, Circuit Judges)Petitioners sealed motion to proceed under a pseudonym is granted. Petitioners motion to supplement the pending pro se petition for a writ of mandamus is granted. The mandamus petition, as supplemented, is denied. See 28 U.S.C. 2283; Hollingsworth v. Perry, 558 U.S. 183, 190 (2010) (per curiam); Will v. United States, 389 U.S. 90, 95 (1967); Madden v. Myers, 102 F.3d 74, 79 (3d Cir. 1996). Any remaining motions for relief are denied. Panel No.: CLD-141. Phipps, Authoring Judge. (SB) [Entered: 06/08/2026 09:15 AM]
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| Filing 17 ECF FILER: CORRECTED Motion filed by Petitioner Kmel to amend A supplement in support of document 1-1 and answer to document 15., for injunction. Certificate of Service dated 05/13/2026. Service made by ECF. [26-1393] (K) [Entered: 05/13/2026 11:31 PM] |
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Filing 16
ORDER (Clerk) The motions for Leave to Proceed In Formal Pauperis are granted. The Court may reconsider in forma pauperis status or request additional information at any time during the course of these proceedings. The petition for extraordinary writ, the requests for relief pending at ECF No. 9, and the sealed petition to protect identity are referred to the Court for consideration. (SB) [Entered: 05/06/2026 02:19 PM]
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Filing 15
ORDER (FREEMAN, Circuit Judges) Objection to Clerks Administrative Deferral of Emergency Stay and Demand for Immediate Judicial Review.is overruled. If the compliance requested in the March 23, 2026 Clerks Order is not received by May 13, 2026, the petition will dismissed without further notice. Panel No.: ACO-085. Freeman, Authoring Judge. (SB) [Entered: 05/06/2026 01:03 PM]
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| Filing 14 ECF FILER: Notice of Service by Petitioner. Certificate of Service dated 05/05/2026. Service made by ECF [26-1393]--[Edited 05/06/2026 by SB] (K) [Entered: 05/05/2026 09:23 PM] |
| Filing 13 ECF FILER: SEALED Petition to Protect Identity, with Request to Proceed Under a Pseudonym. Certificate of Service dated 05/05/2026 by ECF. [26-1393]--[Edited 05/06/2026 by SB] (K) [Entered: 05/05/2026 09:03 PM] |
| Filing 12 ECF FILER: AMENDED Motion filed by Petitioner Kmel for leave to proceed In Forma Pauperis. Certificate of Service dated 05/05/2026. Service made by ECF. [26-1393] (K) [Entered: 05/05/2026 08:53 PM] |
| Filing 11 ECF FILER: Objection to Clerk's Administrative Deferral of Emergency Stay and Demand for Immediate Judicial Review. Certificate of Service dated 04/22/2026.. Service made by ECF. [26-1393]--[Edited 05/05/2026 by SB] (K) [Entered: 04/22/2026 10:48 PM] |
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Filing 10
ORDER (Clerk) Action on the status report is hereby deferred pending Petitioners compliance with the March 23, 2026 Clerks Order. A copy of the order is enclosed for Petitioners convenience. The petition and other filings will not be submitted to the Court until the compliance requested in the March 23, 2206 order is received. If compliance is not received by April 28, 2026, the petition may be dismissed without further notice. (SB) [Entered: 04/21/2026 11:52 AM]
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| Filing 9 ECF FILER:Status Report filed by Petitioner advising of Imminent Mootness and Continued Abatement of Middle District Court Proceedings, with Requests for Court to take judicial notice of continued abeyance; to enter order staying enforcement proceedings in District Court; and to expedite order on pending petition. Certificate of Service dated 04/20/2026. Service made by ECF. [26-1393]--[Edited 04/21/2026 by SB] (K) [Entered: 04/20/2026 03:59 PM] |
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Filing 8
ORDER (Clerk) granting motion for extension of time filed by Petitioner Kmel. Petitioner must file the a motion for leave to proceed in forma paupers and a certification of service on opposing parties within (14) fourteen days from the date of this order. (SB) [Entered: 04/14/2026 03:34 PM]
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| Filing 7 ECF FILER: Motion filed by Petitioner Kmel for Extension of Time to file Order docket #6 until/for 5-10 days of grace.. Certificate of Service dated 04/13/2026. Service made by ECF. [26-1393] (K) [Entered: 04/13/2026 07:37 AM] |
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Filing 6
ORDER (Clerk) After the above-captioned petition for an extraordinary writ 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. Action on the above-captioned petition and IFP remains deferred. In lieu of paying the fee, the petitioner 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. As it appears that Petitioner is not confined or otherwise detained, an amended affidavit detailing Petitioners account balances and available cash in Section 4 and the expenses Petitioner incurs on average per month in Section 8 of the affidavit must be filed. Another copy of a blank affidavit is enclosed for Petitioners convenience. Petitioner must submit the amended affidavit of poverty within 14 days of the date of this order or the appeal may be dismissed. 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 an extraordinary writ 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. Furthermore, attached to the IFP motion is a document purporting to be under seal titled Petition to Protect Identity, that appears to be a copy of a document filed in District Court. If Petitioner intends to file a document under seal, it must be accompanied by a separate motion to seal. Likewise, if Petitioner intends to proceed using a pseudonym, a separate motion seeking this Courts permission is required. If no such motion to proceed under a pseudonym is filed within 14 days, the Clerk may amend the docket to reveal the petitioners full name. The petition will not be submitted to the Court until the certificate of service is received. See Fed. R. App. P. 21(a)(3). If it is not received by the deadline, the petition may be dismissed without further notice. See 3d Cir. L.A.R. 107.1, 107.2. (SB) [Entered: 03/23/2026 10:25 AM]
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| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Gerard J. Geiger on behalf of Respondent(s) Kate Best, Ninti Mateen, Shirley Wood, Michelle Warsaw, Todd W. Weitzmann. [26-1393] (GJG) [Entered: 03/11/2026 09:37 AM] |
| Filing 4 FOLLOW UP LETTER to Attorney Gerard J. Geiger, Esq. for Respondents Kate Best, Ninti Mateen, Shirley Wood, Michelle Warsaw and Todd W. Weitzmann requesting the following document(s): Appearance Form on or before 03/25/2026. (SB) [Entered: 03/11/2026 08:40 AM] |
| Filing 3 ECF FILER: Motion filed by Petitioner Kmel for leave to proceed In Forma Pauperis. Certificate of Service dated 03/09/2026. Service made by ECF. [26-1393] (K) [Entered: 03/09/2026 09:12 AM] |
| Filing 2 NONCOMPLIANCE Order sent to Petitioner Kmel. On February 23, 2026, this Court received a document titled Petition for Emergency Stay (Under All Writs Act). The petition has been docketed as a petition for an extraordinary writ because it appears to seek that sort of relief from this Court. Action on the above-captioned petition is hereby deferred. Petitioner did not submit the docketing fee or a motion for leave to proceed in forma pauperis (IFP) with the 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 Petitioners convenience. It is noted that a petition for an extraordinary writ is an original action and a separate motion for leave to proceed in forma pauperis must be filed, regardless of Petitioners 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 an extraordinary writ 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. (SB) [Entered: 02/24/2026 04:00 PM] |
| Filing 1 PETITION FOR EXTRAORDINARY WRIT DOCKETED. Notice filed by Petitioner Kmel. (SB) [Entered: 02/24/2026 03:50 PM] |
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