Bank of America, N.A. v. Jody Kimbrell
| BANK OF AMERICA, N.A. |
| JODY KIMBRELL |
| 23-1139 |
| January 20, 2023 |
| U.S. Court of Appeals, Seventh Circuit |
| Foreclosure |
Docket Report
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| Filing 13 Mandate issued. No record to be returned. [13] [7296495] [23-1139] (MLM) [Entered: 03/10/2023 09:19 AM] |
| FOR COURT USE ONLY: Certified copy of 02/16/2023 Final Order with Mandate sent to the District Court Clerk. [7296500-2] [7296500] [23-1139] (MLM) [Entered: 03/10/2023 09:28 AM] |
| Filing 12 Filed notice from the Supreme Court of the filing of a Petition for Writ of Certiorari. 22-6975 [12] [7296449] [23-1139] (PS) [Entered: 03/09/2023 05:05 PM] |
Filing 11
ORDER re: Notice of filing and motion to stay all actions in the lower courts pending certiorari in the U.S. Supreme Court. [ # 10 ] [ # 10 ] The motion, which the court construes as one to stay the mandate, is DENIED. JEH [11] [7294262] [23-1139] (CG) [Entered: 02/28/2023 02:35 PM]
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| Filing 10 Pro se motion filed by Appellant Jody Kimbrell to stay all actions in the lower courts pending certiorari in the US Supreme Court and notice of filing. [10] [7293556] [23-1139] (CAG) [Entered: 02/24/2023 01:15 PM] |
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Filing 9
ORDER re: 1. Appellant's expedited motion to stay US District Court for the Central District of Illinois remand order entered on 1/23/2023; in combination with order to file brief 1/24/2023 motion to extend emailed 1/23/2023. 2. Appellant's motion to file by ECF. [ # 8 ]; [ # 7 ]; [ # 6 ]. This appeal is DISMISSED for lack of jurisdiction. Rule 4(a) of the Federal Rules of Appellate Procedure requires that a notice of appeal in a civil case be filed in the district court within 30 days of the entry of the judgment or order appealed. In this case, judgment was entered on November 8, 2022, and the order denying defendant-appellants motion to reconsider was entered on November 15, 2022, starting the time to appeal. The notice of appeal was filed on January 20, 2023, therefore, is over one month late. The district court has not granted an extension of the appeal period, see Rule 4(a), and this court is not empowered to do so, see Fed. R. App. P. 26(b). Accordingly, all pending motions are DENIED. Diane P. Wood, Circuit Judge; David F. Hamilton, Circuit Judge and Michael Y. Scudder, Circuit Judge. [9] [7291789] [23-1139] (CG) [Entered: 02/16/2023 12:55 PM]
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| Filing 8 Pro se motion filed by Appellant Jody Kimbrell to stay US District Court for the Central District of Illinois remand order entered 1/23/2023; in combination with order to file brief 1/24/2023 motion to extend emailed 1/26/2023. [8] [7290768] [23-1139] (KRA) [Entered: 02/13/2023 09:49 AM] |
| Filing 7 Prose motion filed by Appellant Jody Kimbrell to proceed on appeal in forma pauperis. [7] [7290764] [23-1139] (KRA) [Entered: 02/13/2023 09:45 AM] |
| Filing 6 Pro se motion filed by Appellant Jody Kimbrell to file by ECF. [6] [7290762] [23-1139] (KRA) [Entered: 02/13/2023 09:44 AM] |
| Filing 5 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Natalie Burris for Appellee Bank of America, N.A.. [5] [7290210] (L-Yes; E-Yes; R-No) [23-1139] (Burris, Natalie) [Entered: 02/09/2023 11:15 AM] |
| Filing 4 Filed Seventh Circuit Transcript Information Sheet by Appellant Jody Kimbrell. [4] [7289369] [23-1139] (AP) [Entered: 02/06/2023 11:39 AM] |
| Filing 3 Filed District Court order DENYING Appellant Jody Kimbrell leave to proceed on appeal in forma pauperis. Date IFP denied: 01/23/2023. Defendants Motion for Leave to Appeal in forma pauperis [25] is DENIED Defendants Motion for a Stay Pending Appeal [26] is DENIED; Defendants Motion for Leave for Order to File Through ECF [27] is DENIED because this case is closed, and Defendant has no further need to file documents in this case.Issued Circuit Rule 3(b) 30 day notice for failure to pay the docketing fee. Fee or IFP forms due on 02/23/2023 for Appellant Jody Kimbrell. Forwarded to DW. [7286707] [3] [7286707] [23-1139] (AP) [Entered: 01/24/2023 10:45 AM] |
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Filing 2
ORDER: Appellant, on or before February 6, 2023, 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. (See order for further details) DW [7286653] [2] [7286653] [23-1139] (PS) [Entered: 01/24/2023 09:22 AM]
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| Filing 1 Private civil case docketed. IFP pending in the District Court. Docketing statement filed. Transcript information sheet due by 02/03/2023. [1] [7286346] [23-1139] (CG) [Entered: 01/23/2023 10:34 AM] |
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| Plaintiff / appellee: BANK OF AMERICA, N.A. | |
| Represented By: | Natalie Burris |
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| Defendant / appellant: JODY KIMBRELL | |
| Represented By: | Jody Kimbrell |
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