Robert Tatum v. Earnell Lucas, et al
| ROBERT L. TATUM |
| EARNELL R. LUCAS, TRICIA CARLSON, Lt. and MELISSA ELLIOTT, Captain |
| 22-1069 |
| January 18, 2022 |
| U.S. Court of Appeals, Seventh Circuit |
| Prison Condition |
Docket Report
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Filing 19
Order issued DENYING motion for reconsideration. Appellant cannot challenge the constitutionality of 28 U.S.C. 1915(g) unless and until it is applied to him, and it has not been applied to him in this case because he has paid the filing fee. [ # 18 ] JPK [19] [7223097] [22-1069] (ER) [Entered: 03/15/2022 12:41 PM]
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| Filing 18 Pro se motion filed by Appellant Robert L. Tatum for reconsideration of court's order of 2/28/2022 and Circuit Rule 32.1(c) request for opinion to be issued on constitutionality. [18] [7222299] [22-1069] (MAN) [Entered: 03/10/2022 03:00 PM] |
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Filing 17
ORDER re: FRAP 27(b) Motion to Reconsider 2-14-22 Order & Suspend Briefing on New Evidence; and/or Order, Requiring the District Court or WI-DOC Provide Docket Access. [ # 16 ] [ # 16 ] The motion to suspend briefing is DENIED. The district court no longer transmits a record on appeal. See Cir. R. 10. The briefing schedule is therefore not set based on this courts receipt of the record and is instead set based on the docketing of the appeal. See Cir. R. 31. Nevertheless, the court grants an extension of time and resets briefing as follows: Appellant's brief due on or before 05/02/2022 for Robert L. Tatum. Appellee's brief due on or before 06/01/2022 for Tricia Carlson, Melissa Elliott and Earnell R. Lucas. Appellant's reply brief, if any, is due on or before 06/22/2022 for Appellant Robert L. Tatum. Appellant may request additional reasonable extensions of time as may be necessary. Further, the request for an order directing the Wisconsin Department of Corrections to provide electronic access to the courts record is DENIED. This court does not oversee the Wisconsin Department of Corrections. To the extent appellant is requesting paper copies of specific documents in the record, he must present such a request to the district court or to the appropriate officials at his correctional institution. JPK [17] [7221944] [22-1069] (AD) [Entered: 03/09/2022 12:10 PM]
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| Filing 16 Pro se motion filed by Appellant Robert L. Tatum to reconsider order and suspend briefing. [16] [7219913] [22-1069] (MAN) [Entered: 02/28/2022 03:17 PM] |
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Filing 15
ORDER re: 1. FRAP 27 motion to have circuit rule 31(a) declared rescinded as violative of FRAP 47(a)(1) requirements for local rules. 2. FRAP 27(b) motion to reconsider 2-1-22 "No Action" order Circuit Rule 32.1 (c) request for opinion to be issued on constitutionality. The motions are DENIED. The appellant may request a further extension of the deadline to file his opening brief if he is unable to meet the current deadline of April 1, 2022. [ # 13 ] [ # 12 ] SCR [15] [7219765] [22-1069] (HTP) [Entered: 02/28/2022 10:18 AM]
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| Filing 14 Filed written notice of constitutionality question of 28 USC 1915(g) by Appellant Robert L. Tatum. [14] [7218022] [22-1069] (CAH) [Entered: 02/17/2022 02:16 PM] |
| Filing 13 Pro se motion filed by Appellant Robert L. Tatum to have Circuit Rule 31(a) declared rescinded. [13] [7218020] [22-1069] (CAH) [Entered: 02/17/2022 02:14 PM] |
| Filing 12 Pro se motion filed by Appellant Robert L. Tatum for reconsideration of 02/01/2022 "no action" order. [12] [7218015] [22-1069] (CAH) [Entered: 02/17/2022 02:12 PM] |
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Filing 11
ORDER re: Motion to suspend 01/30/2022 ordered scheduling. The motion is GRANTED only to the extent that briefing will proceed as follows: Appellant's brief due on or before 04/01/2022 for Robert L. Tatum. Appellees' brief due on or before 05/02/2022 for Tricia Carlson, Melissa Elliott and Earnell R. Lucas. Appellant's reply brief, if any, is due on or before 05/23/2022 for Appellant Robert L. Tatum. CMD [11] [7216985] [22-1069] (CG) [Entered: 02/14/2022 09:06 AM]
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| Filing 10 Pro se motion filed by Appellant Robert L. Tatum to suspend briefing. [10] [7216074] [22-1069] (LCP) [Entered: 02/08/2022 03:06 PM] |
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Filing 9
ORDER re: Request to appeal in forma pauperis in light of PLRA unconstitutionality. A review of the docket indicates that on January 24, 2022, this court received confirmation that the appellant paid the $505.00 appellate filing fees. Accordingly, the appellants motion will be filed without further court action. CMD [9] [7214746] [22-1069] (HTP) [Entered: 02/01/2022 02:35 PM]
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| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Attorney Sara C. Mills for Appellees Earnell R. Lucas, Tricia Carlson and Melissa Elliott. [8] [7214440] (L-No; E-Yes; R-No) [22-1069] (Mills, Sara) [Entered: 01/31/2022 03:43 PM] |
| Filing 7 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Attorney Samuel C. Hall, Jr. for Appellees Earnell R. Lucas, Tricia Carlson and Melissa Elliott. [7] [7214436] (L-Yes; E-Yes; R-No) [22-1069] [7] [7214436] [22-1069]--[Edited 01/31/2022 by HTP to reflect addition of counsel.] (Hall, Samuel) [Entered: 01/31/2022 03:39 PM] |
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Filing 6
ORDER: This court received notice from the District Court that the appellant paid the required docketing fee. Briefing will proceed as follows: Appellant's brief due on or before 03/02/2022 for Robert L. Tatum. Appellee's brief due on or before 04/01/2022 for Tricia Carlson, Melissa Elliott and Earnell R. Lucas. Appellant's reply brief, if any, is due on or before 04/22/2022 for Appellant Robert L. Tatum [6] [7214377] [22-1069] (CAG) [Entered: 01/31/2022 02:49 PM]
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| Filing 5 Filed Seventh Circuit Transcript Information Sheet by Appellant Robert L. Tatum. [5] [7214052] [22-1069] (MAN) [Entered: 01/28/2022 02:05 PM] |
| Filing 4 Prose motion filed by Appellant Robert L. Tatum to proceed on appeal in forma pauperis. [4] [7214051] [22-1069] (MAN) [Entered: 01/28/2022 02:05 PM] |
| Filing 3 FILED NOTICE FROM THE DISTRICT COURT THAT THE $505.00 APPELLATE FEE WAS RECEIVED. [3][7212832] [22-1069] (CAG) [Entered: 01/24/2022 11:06 AM] |
| Filing 2 Pursuant to 28 U.S.C.A. sec. 1915(g), appellant may not proceed in forma pauperis. Accordingly, IT IS ORDERED that the pro se appellant pay the required $505 fees to the clerk of the district court or this appeal will be dismissed pursuant to Circuit Rule 3(b). Proceedings are SUSPENDED pending resolution of appellant's fee status on appeal. PLRA Fee/Motion/Memorandum due on 02/01/2022. [2][7211715] [22-1069] (AD) [Entered: 01/18/2022 04:35 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 Fee due. Docketing statement filed. Transcript information sheet due by 02/01/2022. [1] [7211709] [22-1069] (AD) [Entered: 01/18/2022 04:26 PM] |
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