Gerald Jones v. Rob Jeffreys, et al
| KELLY RENZI, Psychologist, ROB JEFFREYS, Director of IDOC, GLENDAL FRENCH, Assistant Warden, EMILY RUSKIN and TERI KENNEDY, Warden |
| GERALD JONES |
| 19-2537 |
| August 8, 2019 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
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| Filing 11 Filed Appellant Gerald Jones Memorandum In Support of PLRA Motion for Leave to Proceed on Appeal In Forma Pauperis. [11] [7030575] [19-2537] (AG) [Entered: 09/16/2019 04:23 PM] |
Filing 10
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. [10] [7027481] JR [19-2537]--[Edited 09/03/2019 by CAG - ENTRY REMOVED AS ERRONEOUSLY ISSUED.] (CG) [Entered: 09/03/2019 11:29 AM]
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| Filing 9 Filed Appellant Gerald Jones Memorandum In Support of PLRA Motion for Leave to Proceed on Appeal In Forma Pauperis. [9] [7027476] [19-2537] (CMD) [Entered: 09/03/2019 11:10 AM] |
| Filing 8 Prose motion filed by Appellant Gerald Jones to proceed on appeal in forma pauperis. [8] [7027354] [19-2537] (AD) [Entered: 08/30/2019 04:12 PM] |
| FOR COURT USE ONLY: Certified copy of 08/30/2019 Order Vacating Dismissal/Recalling Mandate sent to the District Court Clerk. [7027225-2] [7027225] [19-2537] (ER) [Entered: 08/30/2019 12:21 PM] |
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Filing 7
ORDER: On August 9, 2019, the district court denied appellant Gerald Joness motion to proceed in forma pauperis on appeal and said that he must renew his motion to proceed in forma pauperis in this court within 30 days. See Fed. R. App. P. 24(a)(5). On August 30, 2019, this court dismissed Joness appeal for failure to pay the required docketing fee. The deadline for Jones to renew his motion in this court has not yet expired. Accordingly, IT IS ORDERED that this courts August 30, 2019, dismissal order is VACATED. Jones must, by September 13, 2019, pay the docketing fee or file a motion to proceed in forma pauperis arguing that he was in imminent danger of a serious physical injury when he filed his complaint. See 28 U.S.C. 1915(g). Failure to pay the fee or file a motion by September 13, 2019, will result in dismissal of this appeal. See Cir. R. 3(b). Sent Certified Mail. Receipt Number: 7018 0680 0002 2683 5200. SCR [7] [7027221] [19-2537] (ER) [Entered: 08/30/2019 12:12 PM]
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| FOR COURT USE ONLY: Certified copy of 08/30/2019 Final Order with Mandate sent to the District Court Clerk. [7027132-2] [7027132] [19-2537] (CM) [Entered: 08/30/2019 09:28 AM] |
| Filing 6 IT IS ORDERED that this appeal is DISMISSED for failure to pay the required docketing fee pursuant to Circuit Rule 3(b). The appellant shall remit to the clerk of the district court the $505 appellate fees. Mandate issued, no record to be returned. The pro se appellant has failed to pay the $505 filing fee pursuant to the appellate court's 08/08/2019 order. [6][7027125] [19-2537]--[Edited 08/30/2019 by ER - VACATED per the court's 8/30/19 order] (CM) [Entered: 08/30/2019 09:17 AM] |
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Filing 5
Filed district court order dated 08/09/2019: TEXT ORDER entered by Judge Colin Stirling Bruce on 8/9/2019. Plaintiff has filed a motion for leave to appeal in forma pauperis. Title 28 U.S.C. Sec 1915(a)(3) provides that "an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." Id. An appeal taken in "good faith" is not about the movant's sincerity or motivation. A good faith appeal is an appeal that "a reasonable person could suppose... has some merit." Walker v. OBrien, 216 F.3d 626, 632 (7th Cir. 2000). The Court has reviewed Plaintiff's motion, his notice of appeal, and the Court's Orders, and the Court does not see an arguable good faith basis for his appeal. Accordingly, the Court certifies pursuant to 28 U.S.C. Sec 1915(a)(3) that Plaintiff's petition to appeal in forma pauperis is not in good faith, and the motion [8] is DENIED. If Plaintiff wishes to contest this Court's finding, he must renew his petition to proceed in forma pauperis with the Court of Appeals within thirty (30) days after service of this Order. Fed. R. App. P. 24(a). The Clerk of the Court is directed to send a copy of this Order to the Seventh Circuit Court of Appeals. [5] [7027122] [19-2537] (DSL) [Entered: 08/30/2019 09:12 AM]
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| Filing 4 Pursuant to 28 U.S.C.A. sec. 1915(g), appellant may not proceed in forma pauperis. Accordingly, IT IS ORDERED that the pro se appellant pay the required $505 fees to the clerk of the district court or this appeal will be dismissed pursuant to Circuit Rule 3(b). Proceedings are SUSPENDED pending resolution of appellant's fee status on appeal. PLRA Fee/Motion/Memorandum due on 08/22/2019. [4][7022743] [19-2537] (MM) [Entered: 08/09/2019 12:26 PM] |
| Filing 3 This is notification that no appellee(s) or counsel for the appellee(s) were served in the District Court. [3] [7022741] (Note: The Office of the IL Attorney General has been notified of the filing of the appeal.) [19-2537] (MM) [Entered: 08/09/2019 12:20 PM] |
| Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLEES: Melvin Hinton, Kristal Carson, C/O Baylor, C/O Farley, C/O Bernhard, C/O Dietz, C/O Kapraun, C/O Bufferd, Lieutenant Dalton, James Boland, Sergeant Drysdale, Sergeant Moroney, the Illinois Department of Corrections (IDOC), Unknown Correctional Officers (John and Jane Does), and Heather Kainz. [2] [7022740] [19-2537] (MM) [Entered: 08/09/2019 12:19 PM] |
| Filing 1 State prisoner's civil rights case docketed. Date IFP denied: 08/09/2019. 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 08/22/2019. [1] [7022736] [19-2537] (MM) [Entered: 08/09/2019 12:10 PM] |
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