Julian Martin v. USA
| JULIAN MARTIN |
| UNITED STATES OF AMERICA |
| 21-2698 |
| September 16, 2021 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
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| Filing 9 Jurisdictional memorandum filed by Appellee USA. [9] [7192863] [21-2698] (Franzblau, Sean) [Entered: 10/19/2021 11:57 AM] |
Filing 8
ORDER: This matter comes before the court on consideration of the Motion for Voluntary Dismissal of Appeal Without Prejudict[sic] Pursuant to Fed. R. App. P. 42(b) filed by appellant on October 4, 2021. Appellant has asked the court to dismiss his appeal without prejudice. Federal Rule of Appellate Procedure 42(b) allows an appellant to voluntarily dismiss an appeal. However, once the appeal is dismissed, appellant cannot reinstate it at a later date. Because appellant wants to reserve the right to reopen this appeal, the motion is DENIED. If appellant does not want to proceed with this appeal, he may file an appropriate motion that complies with Rule 42(b).[ # 5 ] DW [8] [7191374] [21-2698] (CG) [Entered: 10/12/2021 03:53 PM]
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Filing 7
ORDER: On consideration of the Docketing Statement filed by appellant on October 8, 2021, the appellee shall file, on or before October 19, 2021, a response to appellants filing, addressing the jurisdictional issue raised in the courts order of September 20, 2021.[7] [7191368] [21-2698] (CG) [Entered: 10/12/2021 03:49 PM]
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| Filing 6 Docketing Statement filed by Appellant Julian Martin. Prior or Related proceedings: Yes. 16-3084 [6] [7190864] [21-2698] (CM) [Entered: 10/08/2021 10:36 AM] |
| Filing 5 Pro se motion filed by Appellant Julian Martin to dismiss case pursuant to FRAP 42(b) [5] [7189606] [21-2698] (MAN) [Entered: 10/04/2021 10:33 AM] |
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Filing 4
ORDER: Appellant Julian Martin 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 Julian Martin by 10/15/2021. Sent Certified Mail. Receipt Number: 7019 0700 0000 6008 4705. [4] [7189339] [21-2698] (AD) [Entered: 10/01/2021 10:27 AM]
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| Filing 3 Filed notice from the District Court that the appeal docketing fee was received. [3] [7187625] [21-2698] (CM) [Entered: 09/23/2021 01:31 PM] |
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Filing 2
ORDER: Appellant Julian Martin shall file a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. Briefing is SUSPENDED pending further court order. Jurisdictional memorandum due for Appellant Julian Martin by 10/04/2021. IN THE ALTERNATIVE, appellant Julian Martin 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.Appellant'ss notarized statement or declaration shall be filed on or before October 4, 2021. (See order for further details) [7186709] DW [2] [7186709] [21-2698] (FP) [Entered: 09/20/2021 02:12 PM]
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| Filing 1 Federal prisoner's 2255 case docketed. Certificate of Appealability denied 07/15/2021. Fee due. Docketing Statement due for Appellant Julian Martin by 09/22/2021. Fee or IFP forms due on 09/30/2021 for Appellant Julian Martin. Transcript information sheet due by 09/30/2021. [1] [7186115] [21-2698] (ER) [Entered: 09/16/2021 12:41 PM] |
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| Petitioner / appellant: JULIAN MARTIN | |
| Represented By: | Julian Martin |
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| Respondent / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Sean Joseph Byrnes Franzblau |
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