Joseph Whipps v. K. Bennett
| JOSEPH JOHN WHIPPS |
| K. BENNETT, Warden, FCI Pekin |
| 23-1289 |
| February 15, 2023 |
| U.S. Court of Appeals, Seventh Circuit |
| Habeas Corpus |
Docket Report
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| Filing 12 Docketing Statement filed by Appellant Joseph John Whipps, per order. Prior or Related proceedings: No. [12] [7301811] [23-1289] (CG) [Entered: 04/04/2023 12:15 PM] |
Filing 11
ORDER re: Motion for extension of time to file Circuit Rule 3(c) docketing statement, which the court construes as a motion to recall the mandate. [ # 10 ] [ # 10 ]; Construed as such, the motion is GRANTED. The courts final order dated March 30, 2023, is VACATED, the mandate is RECALLED, and this appeal is REINSTATED. The clerk shall file INSTANTER the appellants tendered docketing statement. The appellant shall either pay the $505.00 required appellate filing fees in the district court or file a motion for leave to proceed on appeal in forma pauperis with the clerk of this court by May 4, 2023. Failure to do so may result in the dismissal of this appeal. The clerk shall send the appellant an asset affidavit form. Sent Certified Mail. Receipt Number: 7018 0360 0000 5171 0535. CDH [11] [7301803] [23-1289] (CG) [Entered: 04/04/2023 12:04 PM]
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| FOR COURT USE ONLY: Certified copy of 04/04/2023 Order Vacating Dismissal/Recalling Mandate sent to the District Court Clerk. [7301808-2] [7301808] [23-1289] (CG) [Entered: 04/04/2023 12:15 PM] |
| Filing 10 Pro se motion filed by Party Joseph John Whipps for extension of time to file Circuit Rule 3(c) docketing statement. 1 copy Circuit Rule 3(c) Docketing Statement tendered. [10] [7301799] [23-1289] (CG) [Entered: 04/04/2023 11:59 AM] |
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Filing 9
ORDER: This cause is DISMISSED pursuant to Circuit Rule 3(c). Mandate issued, no record to be returned. [9] [7300727] [23-1289] (AD) [Entered: 03/30/2023 08:25 AM]
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| FOR COURT USE ONLY: Certified copy of 03/30/2023 Final Order with Mandate sent to the District Court Clerk. [7300730-2] [7300730] [23-1289] (AD) [Entered: 03/30/2023 08:42 AM] |
| Filing 8 Filed District Court order DENYING Appellant Joseph John Whipps leave to proceed on appeal in forma pauperis. Date IFP denied: 03/06/2023. Issued Circuit Rule 3(b) 30 day notice for failure to pay the docketing fee. Fee or IFP forms due on 04/05/2023 for Appellant Joseph John Whipps [7295314] [8] [7295314] [23-1289] (CG) [Entered: 03/06/2023 10:26 AM] |
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Filing 7
ORDER re: Motion for extension of time. [ # 4 ] A review of the courts docket shows that the appellants Circuit Rule 3(c) docketing statement is due by March 15, 2023, and the only other pending deadline for the appellant is a transcript information sheet. To the extent that the appellant seeks an extension of time, the appellant shall file the overdue transcript information sheet, if one is necessary, by March 16, 2023. The clerk shall send the appellant a transcript information sheet form. Based on a review of the district courts docket, however, it appears no hearings were held. CDH [7] [7294777] [23-1289] (PS) [Entered: 03/02/2023 01:03 PM]
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Filing 6
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 [6] [7294610] [23-1289] (CG) [Entered: 03/01/2023 04:48 PM]
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| Filing 5 Prose motion filed by Appellant Joseph John Whipps to proceed on appeal in forma pauperis. [5] [7294598] [23-1289] (LCP) [Entered: 03/01/2023 04:10 PM] |
| Filing 4 Pro se motion filed by Appellant Joseph John Whipps for an extension of time. [4] [7294594] [23-1289] (LCP) [Entered: 03/01/2023 04:05 PM] |
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Filing 3
ORDER: Appellant Joseph John Whipps 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 Joseph John Whipps by 03/15/2023. Sent Certified Mail. Receipt Number: 7019 0700 0000 6008 7485. [3] [7294375] [23-1289] (AD) [Entered: 03/01/2023 09:00 AM]
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| Filing 2 Appearance form filed by Attorney W. Scott Simpson for Appellee K. Bennett. [2] [7291709] (L-Yes; E-Yes; R-Yes) [23-1289]--[Edited 02/16/2023 by PS - to reflect the termination and addition of counsel.] (Simpson, W.) [Entered: 02/16/2023 10:11 AM] |
| Filing 1 Federal prisoner's habeas corpus case docketed. Fee due. Docketing Statement due for Appellant Joseph John Whipps by 02/21/2023. Transcript information sheet due by 03/01/2023. Fee or IFP forms due on 03/01/2023 for Appellant Joseph John Whipps. [1] [7291539] [23-1289] (PS) [Entered: 02/15/2023 01:08 PM] |
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| Petitioner / appellant: JOSEPH JOHN WHIPPS | |
| Represented By: | Joseph John Whipps |
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| Respondent / appellee: K. BENNETT, Warden, FCI Pekin | |
| Represented By: | W. Scott Simpson |
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