USA v. Andrew Johnston

USA v. Andrew Johnston

Plaintiff / Appellee:	UNITED STATES OF AMERICA
Defendant / Appellant:	ANDREW J. JOHNSTON
Case Number:	23-3032
Filed:	October 20, 2023
Court:	U.S. Court of Appeals, Seventh Circuit
Nature of Suit:	Other

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Date Filed	Description
November 27, 2023	USA v. Andrew Johnston

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Docket Report

This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
October 24, 2023	Filing 2 ORDER: A review of the short record reveals that appellants appeal of the district courts order of October 2, 2023, may be untimely. It all depends on whether appellant used the prisons legal mail system if it has one, and therefore, appellant must provide information as to when appellant mailed his notice of appeal to the district court, and whether he prepaid the postage. See Hurtlow v. United States, 726 F.3d 958, 962 (7th Cir. 2013). Accordingly, appellant must inform the court whether the prison has a system designed for legal mail, and whether he used that system to mail his notice of appeal. If not, appellant must provide a notarized statement or a declaration under penalty of perjury in compliance with 28 U.S.C. 1746 which (1) sets forth the date the notice of appeal was placed in the prisons internal mail system, and (2) states whether first class postage was prepaid. See Fed. R. App. P. 4(c) (prison mailbox rule). Appellants statement or declaration shall be filed on or before November 7, 2023. DW [2] [2] [7343618] [23-3032] (HTP) [Entered: 10/24/2023 02:31 PM]
October 20, 2023	Filing 1 Criminal case docketed. IFP. Docketing Statement due for Appellant Andrew J. Johnston by 10/25/2023. Appellant's brief due on or before 11/29/2023 for Andrew J. Johnston. Transcript information sheet due by 11/03/2023. [1] [7343132] [23-3032] (ER) [Entered: 10/23/2023 11:49 AM]

Date Filed

Document Text

October 24, 2023

Filing 2 ORDER: A review of the short record reveals that appellants appeal of the district courts order of October 2, 2023, may be untimely. It all depends on whether appellant used the prisons legal mail system if it has one, and therefore, appellant must provide information as to when appellant mailed his notice of appeal to the district court, and whether he prepaid the postage. See Hurtlow v. United States, 726 F.3d 958, 962 (7th Cir. 2013). Accordingly, appellant must inform the court whether the prison has a system designed for legal mail, and whether he used that system to mail his notice of appeal. If not, appellant must provide a notarized statement or a declaration under penalty of perjury in compliance with 28 U.S.C. 1746 which (1) sets forth the date the notice of appeal was placed in the prisons internal mail system, and (2) states whether first class postage was prepaid. See Fed. R. App. P. 4(c) (prison mailbox rule). Appellants statement or declaration shall be filed on or before November 7, 2023. DW [2] [2] [7343618] [23-3032] (HTP) [Entered: 10/24/2023 02:31 PM]

October 20, 2023

Filing 1 Criminal case docketed. IFP. Docketing Statement due for Appellant Andrew J. Johnston by 10/25/2023. Appellant's brief due on or before 11/29/2023 for Andrew J. Johnston. Transcript information sheet due by 11/03/2023. [1] [7343132] [23-3032] (ER) [Entered: 10/23/2023 11:49 AM]

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Plaintiff / appellee: UNITED STATES OF AMERICA
Represented By:	Georgia Alexakis
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Defendant / appellant: ANDREW J. JOHNSTON
Represented By:	Andrew J. Johnston
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