David Ostrowski v. Michelle Evans
| DAVID OSTROWSKI |
| MICHELLE EVANS, Doctor |
| 21-2388 |
| July 29, 2021 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
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Filing 14
ORDER re: Verified Motion to Dismiss Appeal Without Prejudice. [ # 13 ] The appellant has asked the court to dismiss this appeal without prejudice. Federal Rule of Appellate Procedure 42(b) allows an appellant to voluntarily dismiss an appeal. However, once the appeal is dismissed, the appellant cannot reinstate it at a later date. Because it appears that the appellant may wish to reserve the right to reopen this appeal, the motion is DENIED. If the appellant does not want to proceed with this appeal, he may file an appropriate motion that complies with Fed. R. App. P. 42(b). Any such motion should be filed by 10/08/2021. If the appellant does not voluntarily dismiss his appeal, he should file his response to this courts 07/30/2021, order by 10/08/2021. SCR [14] [7186493] [21-2388] (MM) [Entered: 09/20/2021 07:30 AM]
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| Filing 13 Pro se motion filed by Appellant David Ostrowski to dismiss case pursuant to FRAP 42(b) [13] [7186153] [21-2388] (CAH) [Entered: 09/16/2021 02:39 PM] |
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Filing 12
ORDER: The court, on its own motion, orders petitioner-appellant David Ostrowski to show cause for his failure to respond to the court=s order of August 24, 2021. Petitioner-appellant David Ostrowski shall file his response on or before September 28, 2021. Appellant is advised that failure to respond may result in the dismissal of this appeal. The clerk is directed to attach a copy of the courts order of August 24, 2021, to appellants copy of this order.Sent Certified Mail. Receipt Number: 7019 0700 0000 6008 3449. DW. [12] [7185579] [21-2388] (AG) [Entered: 09/14/2021 02:23 PM]
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Filing 11
Order issued TRANSFERRING the renewed motion for leave to appeal in forma pauperis on appeal to the clerk of the District Court for ruling in the first instance. JR [11] [7183589] [21-2388] (CG) [Entered: 09/03/2021 01:56 PM]
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| Filing 10 Prose motion filed by Appellant David Ostrowski to proceed on appeal in forma pauperis. [10] [7183072] [21-2388] (MAN) [Entered: 09/02/2021 09:28 AM] |
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Filing 9
ORDER: On consideration of the paper captioned Jurisdiction Brief filed by appellant on August 17, 2021, appellant David Ostrowski shall provide a declaration under penalty of perjury in compliance with 28 U.S.C. 1746 which (1) sets forth the date the notice of appeal was placed in the prisons internal mail system, and (2) states whether first class postage was prepaid. See Federal Rule of Appellate Procedure 4(c) (prison mailbox rule). Appellants declaration shall be filed on or before September 7, 2021. DW [9] [9] [7181108] [21-2388] (AD) [Entered: 08/24/2021 12:52 PM]
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| Filing 8 Filed Appellant David Ostrowski statement to 07/30/2021 order. [8] [7179736] [21-2388] (CM) [Entered: 08/17/2021 03:52 PM] |
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Filing 7
ORDER: Appellant David Ostrowski is directed to file the overdue Docketing Statement within 14 days from the date of this Rule to Show Cause. Docketing statement response due for Appellant David Ostrowski by 08/30/2021. Sent Certified Mail. Receipt Number: 7019 0700 0000 6008 3197. [7] [7179152] [21-2388] (AD) [Entered: 08/16/2021 09:10 AM]
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| Filing 6 Filed District Court order DENYING Appellant David Ostrowski leave to proceed on appeal in forma pauperis. Date IFP denied: 08/11/2021. The Court denies Petitioners motion for leave to appeal in forma pauperis [24] without prejudice to reconsideration should he renew his motion in compliance with this order. Petitioner is given until September 7, 2021 to either file an in forma pauperis application on the enclosed form with the information required by 28 U.S.C 1915(a)(2) or to pay the $505.00 appeal fee. If Petitioner takes no action by that date, the Seventh Circuit may dismiss his appeal for nonpayment. [6] [7178818] [21-2388] (AP) [Entered: 08/12/2021 04:08 PM] |
| Filing 5 Notification from the District Court that a motion to proceed on appeal in forma pauperis is pending. [5] [7178426] [21-2388] (MM) [Entered: 08/11/2021 10:47 AM] |
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Filing 4
Order issued 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. JR [4] [7178279] [21-2388] (CG) [Entered: 08/10/2021 02:46 PM]
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| Filing 3 Prose motion filed by Appellant David Ostrowski to proceed on appeal in forma pauperis. [3] [7178248] [21-2388] (CAH) [Entered: 08/10/2021 02:17 PM] |
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Filing 2
ORDER: Appellant, on or before 08/13/2021, shall file a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. A motion for voluntary dismissal pursuant to Fed. R. App. P. 42(b) will satisfy this requirement. Briefing shall be SUSPENDED pending further court order. If appellant wishes to request an extension of time in which to file the notice of appeal, he should file an appropriate motion in the district court, not this court, as soon as possible. Appellants jurisdictional memorandum should include a discussion of the status of any such motion. IN THE ALTERNATIVE, appellant David Ostrowski 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. Also, appellant Walter Smith 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). Appellants notarized statement or declaration shall be filed on or before 08/13/2021. (See order for further details). DW [7176287] [2] [7176287] [21-2388] (MM) [Entered: 07/30/2021 03:05 PM]
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| Filing 1 State prisoner's habeas corpus case docketed. Certificate of Appealability denied 06/17/2021. Fee due. Docketing Statement due for Appellant David Ostrowski by 08/04/2021. Fee or IFP forms due on 08/12/2021 for Appellant David Ostrowski. Transcript information sheet due by 08/12/2021. [1] [7176176] [21-2388] (MM) [Entered: 07/30/2021 10:22 AM] |
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| Petitioner / appellant: DAVID OSTROWSKI | |
| Represented By: | David Ostrowski |
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| Respondent / appellee: MICHELLE EVANS, Doctor | |
| Represented By: | Michael M. Glick |
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