Kenneth Phillips v. Kanye West
| KENNETH PHILLIPS |
| KANYE WEST |
| 19-3487 |
| December 20, 2019 |
| U.S. Court of Appeals, Seventh Circuit |
| Prison Condition |
Docket Report
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Filing 16
Order issued DENYING motion to recall the mandate. [ # 15 ] EBG [16] [7091611] [19-3487] (FP) [Entered: 07/07/2020 02:23 PM]
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| Filing 15 Pro se motion filed by Appellant Kenneth Phillips to recall the mandate. [15] [7091268] [19-3487] (CAG) [Entered: 07/06/2020 03:24 PM] |
| Filing 14 Mandate issued. No record to be returned. [14] [7088704] [19-3487] (PNR) [Entered: 06/23/2020 10:51 AM] |
| FOR COURT USE ONLY: Certified copy of 06/01/2020 Final Order with Mandate sent to the District Court Clerk. [7088707-2] [7088707] [19-3487] (PNR) [Entered: 06/23/2020 10:59 AM] |
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Filing 13
ORDER re: 1. Motion to proceed on appeal in forma pauperis. 2. Plra memorandum. 3. Letter. This court has carefully reviewed the request for leave to proceed as a pauper on appeal, the appellants motion filed under Federal Rule of Appellate Procedure 24, the district courts order pursuant to 28 U.S.C. 1915(a)(3) certifying that the appeal was filed in bad faith, and the record on appeal. Based on this review, the court has determined that this appeal is frivolous and that further briefing would not be helpful to the courts consideration of the issues. See Taylor v. City of New Albany, 979 F.2d 87 (7th Cir. 1992); Mather v. Vill. of Mundelein, 869 F.2d 356, 357 (7th Cir. 1989) (court can decide case on motions papers and record where briefing would not assist the court and no member of the panel desires briefing or argument). Accordingly, IT IS ORDERED that the motion to proceed in forma pauperis is DENIED, and this appeal is DISMISSED as frivolous. IT IS FURTHER ORDERED that this appeal counts as a strike. See 28 U.S.C. 1915(g). This dismissal does not relieve the appellant of the obligation to pay the filing and docketing fees for this appeal. Campbell v. Clarke, 481 F.3d 967, 970 (7th Cir. 2007); Newlin v. Helman, 123 F.3d 429, 434 (7th Cir. 1997). The appellants prison shall remit the fees from his prisoners trust account, using the mechanism of 28 U.S.C. 1915(b). EBG [ # 10 ] [13] [7084373] [19-3487] (VG) [Entered: 06/01/2020 03:00 PM]
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| Filing 12 Filed prisoner trust fund account statement by Appellant Kenneth Phillips. [12] [7081205] [19-3487] (CAH) [Entered: 05/15/2020 10:47 AM] |
| Filing 11 Filed Appellant Kenneth Phillips Memorandum In Support of PLRA Motion for Leave to Proceed on Appeal In Forma Pauperis. [11] [7080372] [19-3487] (CAG) [Entered: 05/12/2020 09:28 AM] |
| Filing 10 Prose motion filed by Appellant Kenneth Phillips to proceed on appeal in forma pauperis. [10] [7080370] [19-3487] (CAG) [Entered: 05/12/2020 09:27 AM] |
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Filing 9
ORDER re: Motion for clarification. Appellant shall either pay the $505.00 filing fee in the district court or file a motion for leave to proceed on appeal in forma pauperis and a PLRA memorandum in support with the clerk of this court by May 11, 2020. Failure to comply with this order may result in the dismissal of this appeal. (See order for further details) Sent Certified Mail. Receipt Number: 7018 0680 0002 2683 3701. [9] [7073642] CMD [19-3487] (AG) [Entered: 04/08/2020 03:49 PM]
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| Filing 8 Pro se motion filed by Appellant Kenneth Phillips for clarification of fee status. [8] [7073604] [19-3487] (CAG) [Entered: 04/08/2020 02:20 PM] |
| Filing 7 Filed District Court order DENYING Appellant Kenneth Phillips leave to proceed on appeal in forma pauperis. Date IFP denied: 03/09/2020. [7] [7067633] PLRA Fee/Motion/Memorandum due on 04/08/2020 [19-3487] (CAG) [Entered: 03/10/2020 09:27 AM] |
| Filing 6 Notification from the District Court that a motion to proceed on appeal in forma pauperis is pending. [6] [7064775] [19-3487] (CAG) [Entered: 02/25/2020 01:11 PM] |
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Filing 5
ORDER: On 02/21/2020, the clerk received an overdue motion for leave to proceed on appeal in forma pauperis from the appellant, which the clerk will CONSTRUE as an implied request to recall the mandate. Construed as such, the motion is GRANTED. This court's final order dated 02/05/2020, is VACATED, the mandate is RECALLED, and this appeal is REINSTATED. The clerk shall forward the motion to proceed on appeal in forma pauperis to district court for consideration in the first instance. CMD [ # 4 ] [5] [7064528] [19-3487] (MM) [Entered: 02/24/2020 04:41 PM]
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| FOR COURT USE ONLY: Certified copy of 02/24/2020 Order Vacating Dismissal/Recalling Mandate and tendered motion to proceed in forma pauperis, per the court's 02/24/20 order, sent to the District Court Clerk. [7064530-2] [7064530] [19-3487]--[Edited 02/25/2020 by MM to reflect tendered motion for ifp included with certified copy sent to district court.] (MM) [Entered: 02/24/2020 04:52 PM] |
| Filing 4 Prose motion filed by Appellant Kenneth Phillips to proceed on appeal in forma pauperis. [4] [7064121] [19-3487]--[Edited 02/24/2020 by MM--CONSTRUED as an implied request to recall the mandate per the court's 02/24/2020 order.] (CAH) [Entered: 02/21/2020 04:21 PM] |
| Filing 3 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 appellant has neither paid the $505 appellate fees nor filed a motion to proceed on appeal in forma pauperis in the district court.[3][7060397] [19-3487] (DRS) [Entered: 02/05/2020 07:56 AM] |
| FOR COURT USE ONLY: Certified copy of 02/05/2020 Final Order with Mandate sent to the District Court Clerk. [7060399-2] [7060399] [19-3487] (DRS) [Entered: 02/05/2020 08:04 AM] |
| Filing 2 This is notification that no appellee(s) or counsel for the appellee(s) were served in the District Court. [2] [7051809] [19-3487] (AP) [Entered: 12/23/2019 09:37 AM] |
| 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 due for Appellant Kenneth Phillips by 12/26/2019. PLRA Fee/Motion/Memorandum due on 01/21/2020. Transcript information sheet due by 01/03/2020. [1] [7051804] [19-3487] (AP) [Entered: 12/23/2019 09:30 AM] |
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| Plaintiff / appellant: KENNETH PHILLIPS | |
| Represented By: | Kenneth Phillips |
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| Defendant / appellee: KANYE WEST | |
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