Richard Kelly v. Bruce Ippel, et al
| BRUCE IPPEL, Doctor and LORETTA DAWSON |
| RICHARD L. KELLY |
| 21-1273 |
| February 12, 2021 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
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| Filing 10 Jurisdictional memorandum filed by Appellant Richard L. Kelly. [10] [7153510] [21-1273] (PNR) [Entered: 04/12/2021 04:29 PM] |
| Filing 9 Pro se motion filed by Appellant Richard L. Kelly for appointment of counsel. [9] [7153488] [21-1273] (CAH) [Entered: 04/12/2021 04:08 PM] |
Filing 8
ORDER: Appellant Richard L. Kelly shall file a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. Briefing is SUSPENDED pending further court order. (See order for further details) [7149919] In the ALTERNATIVE, the appellant shall file a notarized statement or a declaration (in compliance with 28 U.S.C. sec. 1746) setting forth the date the notice of appeal was deposited in the prison's internal mail system and stating whether first class postage was prepaid. See Federal Rule of Appellate Procedure 4(c). Jurisdictional memorandum due for Appellant Richard L. Kelly by 04/09/2021. Statement due for Appellant Richard L. Kelly by 04/09/2021. DW [8] [8] [7149919] [21-1273] (AD) [Entered: 03/25/2021 04:26 PM]
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| Filing 7 Filed district court order dated 03/23/2021, The Court has reviewed the February 10, 2021, motion for proceed on appeal in forma pauperis, and finds that Mr. Kelly does not have the assets or means to pay even an initial partial filing fee. Therefore, pursuant to 28 U.S.C. 1915(b)(4), Mr. Kelly is granted a WAIVER of payment of the initial partial filing fee. [7] [7149706] [21-1273] (CM) [Entered: 03/25/2021 09:43 AM] |
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Filing 6
ORDER re: 1. Petitioner's Motion for Leave to Proceed on Appeal In Forma Pauperis. [ # 4 ] 2. Memorandum in Support of PLRA Motion for Leave to Proceed on Appeal In Forma Pauperis. Upon consideration of the request for leave to proceed as a pauper on appeal, the appellants motions filed under Federal Rule of Appellate Procedure 24, the district courts order certifying that the appellant was not eligible for pauper status on appeal, and the record on appeal, this court has determined that the district court erred in concluding that appellant has accrued three strikes under 28 U.S.C. 1915(g). Of the six prior cases cited by the district court, only two count as strikes under 1915(g). See Kelly v. Witty, Case No. 1:17-cv-989-TWP-DML (S.D. Ind. July 26, 2017) (dismissed for failure to state a claim) and Kelly v. Zoley, Case No. 1:17-cv-598-WTL-MPB (S.D. Ind. July 25, 2017) (same). The district court should not have assessed strikes for Kelly v. Anderson, Case No. 3:01-cv-202-RLM (N.D. Ind. July 24, 2001), Kelly v. Debruyn, Case No. 3:95-cv-525-RLM-RDP (Mar. 7, 1996), Kelly v. Farley, Case No. 3:94-cv-532-RLM (N.D. Ind. Dec. 13, 1994), or Kelly v. Nunn, Case No. 3:93-cv-263-RDP (N.D. Ind. Sep. 22, 1994), because none was dismissed in its entirety based on grounds enumerated under 1915(g). See Turley v. Gaetz, 625 F.3d 1005, 1012 (7th Cir. 2010). Appellant may also be able to raise a nonfrivolous argument that the district court erred in entering judgment on his claim against Loretta Dawson. Accordingly, the motion for leave to proceed on appeal in forma pauperis is GRANTED. The district court is instructed to assess an initial partial filing fee for the appeal and to notify this court when the partial fee has been collected. MWR [6] [7149179] [21-1273] (MM) [Entered: 03/23/2021 11:20 AM]
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| Filing 5 Filed Appellant Richard L. Kelly Memorandum In Support of PLRA Motion for Leave to Proceed on Appeal In Forma Pauperis. [5] [7146401] [21-1273] (CAH) [Entered: 03/10/2021 10:20 AM] |
| Filing 4 Prose motion filed by Appellant Richard L. Kelly to proceed on appeal in forma pauperis. [4] [7146399] [21-1273] (CAH) [Entered: 03/10/2021 10:19 AM] |
| Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kathryn Elias Cordell for Appellees Loretta Dawson and Bruce Ippel. [3] [7141689] (L-Yes; E-Yes; R-No) [21-1273]-[Edited 02/17/2021 by AP- to reflect addition of counsel] (Cordell, Kathryn) [Entered: 02/17/2021 07:50 AM] |
| Filing 2 Filed District Court order DENYING Appellant Richard L. Kelly leave to proceed on appeal in forma pauperis. Date IFP denied: 02/16/2021. [2] [7141656] PLRA Fee/Motion/Memorandum due on 03/18/2021 [21-1273] (CAH) [Entered: 02/16/2021 03:51 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 IFP pending in the District Court. Docketing statement filed. Transcript information sheet due by 02/26/2021. [1] [7141459] [21-1273] (CG) [Entered: 02/16/2021 09:47 AM] |
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