Sandro Rodriguez v. Lonny Benbo, et al
| LONNY BENBO, SHARON MOERCHEN and CINDY BARTER |
| SANDRO RODRIGUEZ |
| 19-1935 |
| May 15, 2019 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
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Filing 4
ORDER: re: 1. Motion for time extension to file appellee brief and appendix. 2. Affidavit accompanying motion for permission to appeal in forma pauperis. On March 4, 2019, appellant Sandro Rodriguez filed a notice of appeal from the district court's order denying his motion for reconsideration, and appeal no. 19-1388 was opened. Because the motion for reconsideration was filed 28 days after the judgment was entered, the notice of appeal is effective to challenge the district court's judgment and denial of reconsideration. See Fed. R. App. P. 4(a)(4). On May 10, 2019, Rodriguez filed a second notice of appeal along with a certificate of appealability, and appeal no. 19-1935 was opened. Both filings seek to challenge the same district court judgment, and two separate appeals are not necessary. Accordingly, appeal no. 19-1935 is administratively CLOSED. No appellate filing fees for appeal no. 19-1935 shall be imposed and no action will be taken on the motions to proceed in forma pauperis or for extension. Briefing in appeal no. 19-1388 shall proceed as follows: Appellant's brief due on or before 07/19/2019 for Sandro Rodriguez. Appellees' brief due on or before 08/19/2019 for Cindy Barter, Lonny Benbo and Sharon Moerchen. Appellant's reply brief, if any, is due on or before 09/09/2019 for Appellant Sandro Rodriguez. SCR [4] [7012033] [19-1388, 19-1935] (CAG) [Entered: 06/18/2019 02:29 PM]
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| FOR COURT USE ONLY: Certified copy of 06/18/2019 Final Order sent to the District Court Clerk. [7012036-2] [7012036] [19-1935] (CAG) [Entered: 06/18/2019 02:31 PM] |
| Filing 3 Prose motion filed by Appellant Sandro Rodriguez to proceed on appeal in forma pauperis. [3] [7011525] [19-1935] (FP) [Entered: 06/14/2019 04:35 PM] |
| Filing 2 Pro se motion filed by Appellant Sandro Rodriguez to extend time to file. [2] [7011523] [19-1935] (FP) [Entered: 06/14/2019 04:33 PM] |
| Filing 1 State 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. Docketing statement filed. Transcript information sheet due by 05/29/2019. PLRA Fee/Motion/Memorandum due on 06/14/2019. [1] [7005333] [19-1935] (FP) [Entered: 05/16/2019 03:51 PM] |
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