David Lewisbey v. USA
| DAVID LEWISBEY |
| UNITED STATES OF AMERICA |
| 19-1687 |
| April 12, 2019 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
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Filing 17
ORDER re: Motion to take judicial notice, filed on 5/21/19. This court's docket reflects that during the pendency of this appeal, the appellant has been housed at the Federal Correctional Institution (low) in Beaumont, Texas. To the extent that the appellant seeks to correct the district court's docket with respect to his address, he should make that request with the district court. [ # 16 ] CMD [17] [7006339] [19-1687] (FP) [Entered: 05/22/2019 10:09 AM]
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| Filing 16 Pro se motion filed by Appellant David Lewisbey to take judicial notice of District Court's 4/30/2019 docket entry and envelope. [16] [7006223] [19-1687] (AG) [Entered: 05/21/2019 03:40 PM] |
| Filing 15 Prose motion filed by Appellant David Lewisbey to proceed on appeal in forma pauperis. [15] [7004320] [19-1687] (AP) [Entered: 05/13/2019 04:08 PM] |
| Filing 14 Docketing Statement filed by Appellant David Lewisbey. Prior or Related proceedings: Yes. 14-2236, 18-3642 & 18-3643 [14] [7004314] [19-1687] (AP) [Entered: 05/13/2019 04:01 PM] |
| Filing 13 Filed Appellant David Lewisbey reply in opposition to government's response to petitioner's brief memorandum [13][7004298] [19-1687] (AP) [Entered: 05/13/2019 03:51 PM] |
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Filing 12
ORDER: Appellant David Lewisbey is directed to file the overdue Docketing Statement within 14 days from the date of this Rule to Show Cause. Docketing statement response due for Appellant David Lewisbey by 05/17/2019. Sent Certified Mail. Receipt Number: 7018 0680 0002 2683 1691. [12] [7002418] [19-1687] (AG) [Entered: 05/03/2019 12:07 PM]
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| Filing 11 Filed Response by Appellee USA in 19-1687, 18-3642, 18-3643 Attorney Christopher V. Parente to Petitioner's Brief Memorandum Stating Why District Court's 2-28-2019 and 3-26-2019 Orders Should Not be Summarily Affirmed. [11][7002234] [19-1687, 18-3642, 18-3643] (Parente, Christopher) [Entered: 05/02/2019 03:26 PM] |
| Filing 10 Filed District Court order DENYING Appellant David Lewisbey leave to proceed on appeal in forma pauperis. Date IFP denied: 04/30/2019. Issued Circuit Rule 3(b) 30 day notice for failure to pay the docketing fee. Fee or IFP forms due on 05/30/2019 for Appellant David Lewisbey [7001485] [10] [7001485] [19-1687] (CAG) [Entered: 04/30/2019 12:45 PM] |
| Filing 9 Filed notice from the District Court that a motion to proceed in forma pauperis is pending. [9] [7001390] [19-1687] (AP) [Entered: 04/30/2019 09:57 AM] |
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Filing 8
Order issued TRANSFERRING the motion for leave to appeal in forma pauperis on appeal to the clerk of the District Court for ruling in the first instance. JR [8] [7001302] [19-1687] (CAG) [Entered: 04/29/2019 04:28 PM]
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| Filing 7 Prose motion filed by Appellant David Lewisbey to proceed on appeal in forma pauperis. [7] [7001287] [19-1687] (CAG) [Entered: 04/29/2019 04:21 PM] |
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Filing 6
ORDER: On consideration of the paper captioned Brief Memorandum Stating Why district courts 2-28-2019 and 2-26-2019 Orders Should Not Be Summarily Affirmed, filed by appellant on April 24, 2019, IT IS ORDERED that appellee file, on or before May 3, 2019, a response to appellants filing, addressing the issue raised in the courts order of April 16, 2019, regarding the question of summary affirmance. DW [6] [7000670] [19-1687] (AG) [Entered: 04/25/2019 04:01 PM]
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| Filing 5 Jurisdictional memorandum filed by Appellant David Lewisbey in response to the Court's April 16, 2019 order in 19-1687. [5] [7000293] [19-1687, 18-3642, 18-3643] (PS) [Entered: 04/24/2019 03:14 PM] |
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Filing 4
ORDER: re: Motion to take judicial notice of inconsistent addresses on civil and criminal dockets but court noting on criminal docket that defendant has been housed at FCC-Beaumont-Low since 4/18/2019. This court's docket reflects that during the pendency of this appeal, the appellant has been housed at the Federal Correctional Institution (low) in Beaumont, Texas. To the extent that the appellant seeks to correct the district court's docket with respect to his address, he should make that request with the district court. CMD [4] [6999997] [18-3642] (CAG) [Entered: 04/23/2019 04:07 PM]
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| Filing 3 Pro se motion filed by Appellant David Lewisbey to take judicial notice of inconsistent addresses on civil and criminal dockets but court noting on criminal docket that defendant has been housed at FCC-Beaumont-Low since 4-18-2019. [3] [6998591] [18-3642, 18-3643, 19-1687] (CAG) [Entered: 04/16/2019 04:33 PM] |
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Filing 2
ORDER: A preliminary review of the short record indicates that the district court denied appellant David Lewisbeys Motion to Reopen Time to Appeal because it was untimely. Section 2107(c) of Title 28 requires that appellants motion had to be filed within 14 days after receipt of the notice of entry of the judgment. Petitioner Lewisbeys motion to reopen did not meet this deadline. Accordingly, IT IS ORDERED that appellant Lewisbey shall file, on or before April 30, 2019, a brief memorandum stating why the district courts orders of February 28, 2019 and March 26, 2019 should not be summarily affirmed. A motion for voluntary dismissal pursuant to Fed. R. App. P. 42(b) will satisfy this requirement. Briefing shall be suspended pending further court order. [6998397] DW [2] [6998397] [19-1687] (AG) [Entered: 04/16/2019 11:23 AM]
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| Filing 1 Federal prisoner's 2255 case docketed. Certificate of Appealability denied 09/26/2018. Fee due. Docketing Statement due for Appellant David Lewisbey by 04/19/2019. Transcript information sheet due by 04/26/2019. Fee or IFP forms due on 04/26/2019 for Appellant David Lewisbey. [1] [6997942] [19-1687] (AG) [Entered: 04/15/2019 09:49 AM] |
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| Petitioner / appellant: DAVID LEWISBEY | |
| Represented By: | David Lewisbey |
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| Respondent / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Andrianna D. Kastanek |
| Represented By: | Christopher V. Parente |
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