Mark Lane v. Jonathan Hemingway
| MARK ALAN LANE |
| FCI MILAN WARDEN and JONATHAN HEMINGWAY |
| 23-1526 |
| March 20, 2023 |
| U.S. Court of Appeals, Seventh Circuit |
| Prisoner Petition-Vacate Sentence |
Docket Report
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This docket was last retrieved on May 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 19 Motion filed by Appellee Jonathan Hemingway to extend time to file Response as Ordered by the Court on May 17, 2023. [19] [7310993] [23-1526] (Biersbach, Nicholas) [Entered: 05/17/2023 10:47 AM] |
Filing 18
ORDER re: Pro-se request to appoint counsel, pursuant to 18 U.S.C. 3006A(a)(2)(B). The motion for recruited counsel is DENIED. See Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007) (en banc). Briefing in this matter remains SUSPENDED pending further court order. [ # 9 ] JEH [18] [7310980] [23-1526] (HTP) [Entered: 05/17/2023 10:16 AM]
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Filing 17
ORDER re: 1. Motion to dismiss appeal as moot. 2. Pro-se request for stipulation of facts by the respondent, and request for the pro-rated date (P.D.R.). 3. Pro-se objection(s) to motion to dismiss appeal as moot, filed on May 02, 2023, by counsel for the appellee. The appellee shall file a reply by May 24, 2023. In addition to any other argument it deems relevant, the appellee shall specifically address the appellants arguments that this appeal is not moot because (1) he is entitled to another five days good-time credit under the First Step Act, (2) that, if he is eligible for the extra five days, then he is entitled to earlier release to a half-way house or home confinement, and (3) that any other adjustments for which he is eligible have not yet been applied to his sentence. The appellants motion and objection also seem to seek relief beyond a reassessment of the good-time credits he is owed under the First Step Act. The appellant did not raise any such arguments, or seek any such relief, in the district court or in his opening brief. Accordingly, any such relief is DENIED. [ # 15 ] [ # 16 ] JEH [17] [7310968] [23-1526] (HTP) [Entered: 05/17/2023 10:02 AM]
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| Filing 16 Filed obejction(s) to motion to dismiss appeal as moot, filed on May 02, 2023, by counsel for the appellee by Appellant Mark Alan Lane to. [16][7310572] [23-1526] (KRA) [Entered: 05/15/2023 04:01 PM] |
| Filing 15 Pro se motion filed by Appellant Mark Alan Lane for stipulation of facts. [15] [7310522] [23-1526] (CAG) [Entered: 05/15/2023 03:33 PM] |
| Filing 14 1 copy Filed Short Appendix to the brief by Appellant Mark Alan Lane. [14] [7308919] [23-1526] (CAG) [Entered: 05/08/2023 02:24 PM] |
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Filing 13
ORDER re: MOTION TO DISMISS APPEAL AS MOOT. The appellant shall file a response by May 15, 2023. JEH [13] [7308206] [23-1526] (AD) [Entered: 05/04/2023 10:40 AM]
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| Filing 12 Motion filed by Appellee Jonathan Hemingway to dismiss case. [12] [7307808] [23-1526] (Biersbach, Nicholas) [Entered: 05/02/2023 03:36 PM] |
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Filing 11
ORDER: Briefing in this appeal is SUSPENDED pending resolution of the motion for appointment of counsel filed by the appellant on April 24, 2023. CDH [11] [7306148] [23-1526] (FP) [Entered: 04/25/2023 02:39 PM]
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| Filing 10 10 copies of Appellant's brief filed by Appellant Mark Alan Lane. Disk not required. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [10] [7306128] [23-1526] (MLM) [Entered: 04/25/2023 02:17 PM] |
| Filing 9 Pro se motion filed by Appellant Mark Alan Lane for appointment of counsel. [9] [7305778] [23-1526] (LCP) [Entered: 04/24/2023 03:45 PM] |
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Filing 8
ORDER: On 04/10/2023, the District Court granted the petitioners motion to proceed on appeal in forma pauperis. Accordingly, briefing will proceed as follows: Appellant's brief due on or before 05/17/2023 for Mark Alan Lane. Appellee's brief due on or before 06/16/2023 for Jonathan Hemingway. Appellant's reply brief, if any, is due on or before 07/07/2023 for Appellant Mark Alan Lane. JR [7304287] [23-1526] (MAN) [Entered: 04/17/2023 12:38 PM]
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| Filing 7 Filed District Court order GRANTING Appellant Mark Alan Lane leave to proceed on appeal in forma pauperis. Date IFP granted: 04/10/2023. [7] [7303200] [23-1526] (CG) [Entered: 04/11/2023 02:31 PM] |
| Filing 6 Docketing Statement filed by Appellee Jonathan Hemingway. Prior or Related proceedings: No. [6] [7301320] [23-1526] (Biersbach, Nicholas) [Entered: 04/03/2023 09:42 AM] |
| Filing 5 Docketing Statement filed by Appellant Mark Alan Lane. Prior or Related proceedings: No. (Forwarded from the District Court). [5] [7301045] [23-1526] (CAG) [Entered: 03/31/2023 09:51 AM] |
| Filing 4 Notification from the District Court that a motion to proceed on appeal in forma pauperis is pending. [4] [7300948] [23-1526] (AP) [Entered: 03/30/2023 03:43 PM] |
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Filing 3
ORDER re: Motion to substitute party. IT IS ORDERED that the motion is GRANTED. The clerk shall substitute the appellant's current custodian, Jonathan Hemingway, as the appellee in this appeal. [ # 2 ] CDH [3] [7299318] [23-1526] (AP) [Entered: 03/23/2023 09:57 AM]
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| Filing 2 Motion filed by Appellee FCI Milan Warden to Substitute Respondent. [2] [7299172] [23-1526] (Biersbach, Nicholas) [Entered: 03/22/2023 02:49 PM] |
| Filing 1 Federal prisoner's habeas corpus case docketed. Fee due. Docketing Statement due for Appellant Mark Alan Lane by 03/06/2023. Fee or IFP forms due on 04/03/2023 for Appellant Mark Alan Lane. Transcript information sheet due by 04/03/2023. [1] [7298796] [23-1526] (CG) [Entered: 03/21/2023 11:08 AM] |
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