Tyree Neal, Jr. v. USA
| TYREE M. NEAL, JR. |
| UNITED STATES OF AMERICA |
| 21-2525 |
| August 18, 2021 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 13, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 Filed Response by Appellee USA to Court's October 5, 2021, Jurisdictional Order. [8][7191744] [21-2525] (Robertson, Amanda) [Entered: 10/13/2021 04:54 PM] |
Filing 7
ORDER: On consideration of the Appellants Motion to Show Cause for his Failure to Respond to the Courts Order of 08/24/2021, filed on 10/04/2021, appellee shall file, on or before 10/13/2021, a response to appellants filing, addressing the jurisdictional issue raised in the courts order of 08/24/2021. DW [7] [7190002] [21-2525] (MM) [Entered: 10/05/2021 12:01 PM]
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| Filing 6 Filed Response by Appellant Tyree M. Neal, Jr. to 09/14/2021 order. [6][7189622] [21-2525] (CM) [Entered: 10/04/2021 11:23 AM] |
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Filing 5
ORDER: The court, on its own motion, orders petitioner-appellant Tyree M. Neal, Jr. to show cause for his failure to respond to the court's order of August 24, 2021. Petitioner-appellant Tyree M. Neal, Jr. 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: DW. Receipt Number: 7019 0700 0000 6008 3463. [5] [7185594] [21-2525] (FP) [Entered: 09/14/2021 02:47 PM]
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| Filing 4 Filed Seventh Circuit Transcript Information Sheet by Appellant Tyree M. Neal, Jr.. [4] [7183893] [21-2525] (ER) [Entered: 09/07/2021 12:01 PM] |
| Filing 3 Docketing Statement filed by Appellant Tyree M. Neal, Jr. Prior or Related proceedings: Yes. 17-2976 [3] [7182085] [21-2525] (CAH) [Entered: 08/27/2021 03:48 PM] |
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Filing 2
ORDER: A preliminary review of the short record indicates that the order appealed from may not be a final appealable judgment within the meaning of 28 U.S.C. 1291. Generally, an appeal may not be taken in a civil case until a final judgment disposing of all claims against all parties is entered on the district court's civil docket pursuant to Fed. R. Civ. P. 58. See Alonzi v. Budget Construction Co., 55 F.3d 331, 333 (7th Cir. 1995); Cleaver v. Elias, 852 F.2d 266 (7th Cir. 1988). The district court has not entered a Rule 58 final judgment in this case, and for good reason. To date, the district court has not disposed of one of petitioner Tyree M. Neal, Jr.s claims in his habeas petition. Rather, the district court appointed counsel for petitioner Neal to represent him for the remaining issues in this proceeding. As such, petitioner Neals case is not at an end. Accordingly, attorney Shanna Keel Surratt of Layton & Southard, LLC, 1650 N. Kingshighway, Suite 302, Cape Girardeau, MO 63701, court-appointed counsel for petitioner Neal, shall file, on or before September 7, 2021, 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. [7181128] DW [2] [7181128] [21-2525] (AD) [Entered: 08/24/2021 02:08 PM]
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| Filing 1 Federal prisoner's 2255 case docketed. Certificate of Appealability pending. IFP. Docketing Statement due for Appellant Tyree M. Neal Jr. by 08/25/2021. Transcript information sheet due by 09/01/2021. [1] [7179925] [21-2525] (CG) [Entered: 08/18/2021 12:23 PM] |
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| Petitioner / appellant: TYREE M. NEAL, JR. | |
| Represented By: | Tyree M. Neal Jr. |
| Represented By: | Shanna Keel Surratt |
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| Respondent / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Amanda A. Robertson |
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