Jonathan Vidlak v. Justin Cox
| JUSTIN COX |
| JONATHAN VIDLAK |
| 19-1921 |
| May 13, 2019 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
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Filing 12
ORDER: On May 13, 2019, Jonathan Vidlak filed a notice of appeal from the district court's summary judgment order, and appeal no. 19-1921 was opened. Pursuant to Federal Rule of Appellate Procedure 4(a)(4)(B)(i), this notice of appeal became effective to appeal the judgment when the order resolving Vidlak's motion to reconsider was entered. Vidlak has filed a second notice of appeal from the district court's order denying reconsideration. Rule 4(a)(1)(A) requires that a notice of appeal be filed in the district court within 30 days of the entry of judgment or order appealed. In this case the district court denied appellant Jonathan Vidlak's motion for reconsideration on May 21, and the notice of appeal was filed on June 24, 2019, four days late. The district court has not granted an extension of the appeal period, see Rule 4(a)(5), and this court is not empowered to do so, see Rule 26(b). Accordingly, Vidlak, on or before July 23, 2019, file a brief memorandum stating why appeal no. 19-2231 should not be dismissed for lack of jurisdiction. If Vidlak believes his notice of appeal is timely under the prison mailbox rule, he must inform the court both whether the prison has a system designed for legal mail and whether he used it to file his notice of appeal. If not, Vidlak must provide a notarized statement or a declaration under penalty of perjury (in compliance with 28 U.S.C. 1746) setting forth the date the notice of appeal was deposited in the prisons internal mail system and stating whether first class postage was prepaid. See Federal Rule of Appellate Procedure 4(c). proceedings in appeal no. 19-1921, including whether the amended brief submitted by Vidlak should be filed, are SUSPENDED pending review of the timeliness of appeal no. 19-2231. SCR [12] SCR [12] [7015245] [19-1921, 19-2231] (AD) [Entered: 07/03/2019 10:16 AM]
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| Filing 11 ***PRISON LITIGATION REFORM ACT PARTIAL FILING FEE. Received: $9.85 from Appellant Jonathan Vidlak on 06/24/2019. [11] [7013254] [19-1921] (CM) [Entered: 06/24/2019 04:01 PM] |
| Filing 10 Amended Docketing Statement filed by Appellee Justin Cox. Prior or Related proceedings: Yes. [10] [7010275] [19-1921] (Hanna, Adam) [Entered: 06/10/2019 04:11 PM] |
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Filing 9
ORDER: Appellee shall provide a complete docketing statement no later than June 17, 2019, that includes the omitted information noted in this order. (See order for further details) DW [9] [7010132] [19-1921] (AG) [Entered: 06/10/2019 02:07 PM]
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| Filing 8 Docketing Statement filed by Appellee Justin Cox. Prior or Related proceedings: No. [8] [7010006] [19-1921] (Hanna, Adam) [Entered: 06/10/2019 09:14 AM] |
| Filing 7 Filed District Court order GRANTING Appellant Jonathan Vidlak leave to proceed on appeal in forma pauperis. Date IFP granted: 06/07/2019. District Court has assessed a $9.85 initial partial filing fee. [7] [7009828] PLRA initial partial filing fee due by 07/08/2019. [19-1921] (DSL) [Entered: 06/07/2019 11:43 AM] |
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Filing 6
ORDER: 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. [6] [7008501] JR [19-1921] (CAG) [Entered: 06/03/2019 09:17 AM]
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| Filing 5 Prose motion filed by Appellant Jonathan Vidlak to proceed on appeal in forma pauperis. [5] [7008479] [19-1921] (FP) [Entered: 05/31/2019 05:07 PM] |
| Filing 4 Filed Seventh Circuit Transcript Information Sheet by Appellant Jonathan Vidlak. [4] [7008478] [19-1921] (FP) [Entered: 05/31/2019 05:05 PM] |
| Filing 3 Docketing Statement filed by Appellant Jonathan Vidlak. Prior or Related proceedings: No. [3] [7007523] [19-1921] (AP) [Entered: 05/28/2019 04:14 PM] |
| Filing 2 1 copy Appellant's brief filed by Appellant Jonathan Vidlak. Disk not required. [2] [7006872] [19-1921]--[Edited 05/29/2019 by DSL and CMD to reflect appellant's brief filed] (ER) [Entered: 05/23/2019 03:27 PM] |
| Filing 1 Federal prisoner's civil rights case docketed. IT IS ORDERED that this appeal is subject to the Prison Litigation Reform Act. Proceedings are SUSPENDED pending notification by the district court that any necessary fee has been assessed, and if assessed, paid. PLRA Fee due. PLRA Fee/Motion/Memorandum due on 06/12/2019. Transcript information sheet due by 05/28/2019. Docketing Statement due for Appellant Jonathan Vidlak by 05/20/2019. [1] [7004422] [19-1921] (VG) [Entered: 05/14/2019 09:35 AM] |
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| Defendant / appellee: JUSTIN COX | |
| Represented By: | Adam E. Hanna |
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| Plaintiff / appellant: JONATHAN VIDLAK | |
| Represented By: | Jonathan Vidlak |
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