Martin Fitzpatrick v. Robert Busche, et al
| MARTIN C. FITZPATRICK |
| ROBERT BUSCHE, Doctor, JOHN DOE, Sergeant, B.K., JOHN DOE 2, JANE DOE and JANE DOE 2 |
| 23-3053 |
| October 25, 2023 |
| U.S. Court of Appeals, Seventh Circuit |
| Prisoner Petitions-Cv Detainee |
Docket Report
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| Filing 13 Jurisdictional memorandum filed by Appellant Martin C. Fitzpatrick. [13] [7354858] [23-3053] (CAG) [Entered: 12/20/2023 03:45 PM] |
Filing 12
ORDER re: 1. Brief Memorandum. 2. Jurisdictional Memorandum. Appellant Martin C. Fitzpatrick has indicated that the mail at the prison was delayed because mail personnel were absent or directed to other duties such as the shakedown of another unit around the due date for filing the notice of appeal. It appears that the appellant may be seeking to avail himself of the prison mailbox rule. See Fed. R. App. P. 4(c). Accordingly, Appellant Martin C. Fitzpatrick must inform the court whether the prison has a system designed for legal mail and whether he used it to file his notice of appeal. Additionally, he must provide a notarized statement or a declaration (in compliance with 28 U.S.C. 1746) setting forth the date the notice of appeal was deposited in the prisons internal mail system and stating whether first class postage was prepaid. See Fed. R. App. P. 4(c). Appellants notarized statement or sworn declaration shall be filed on or before December 22, 2023. Briefing remains SUSPENDED pending further court order. (See order for details.) [7351872] JAF [12] [7351872] [23-3053] (CG) [Entered: 12/06/2023 12:30 PM]
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| Filing 11 Jurisdictional memorandum filed by Appellant Martin C. Fitzpatrick. [11] [7349476] [23-3053] (CAH) [Entered: 11/22/2023 12:40 PM] |
| Filing 10 Filed notice by Appellant Martin C. Fitzpatrick. [10] [7347084] [23-3053] (CAG) [Entered: 11/09/2023 02:14 PM] |
| Filing 9 Pro se motion filed by Appellant Martin C. Fitzpatrick for appointment of counsel. [9] [7347081] [23-3053] (CAG) [Entered: 11/09/2023 02:13 PM] |
| Filing 8 Jurisdictional memorandum filed by Appellant Martin C. Fitzpatrick. [8] [7347080] [23-3053] (CAG) [Entered: 11/09/2023 02:13 PM] |
| Filing 7 Docketing Statement filed by Appellant Martin C. Fitzpatrick. Prior or Related proceedings: No. [7] [7347079] [23-3053] (CAG) [Entered: 11/09/2023 02:12 PM] |
| Filing 6 Prose motion filed by Appellant Martin C. Fitzpatrick to proceed on appeal in forma pauperis. [6] [7347078] [23-3053] (CAG) [Entered: 11/09/2023 02:11 PM] |
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Filing 5
ORDER: Appellant Martin C. Fitzpatrick 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 Martin C. Fitzpatrick by 11/22/2023. Sent Certified Mail. Receipt Number: 7022 0410 0003 3396 3960. [5] [7346687] [23-3053] (AD) [Entered: 11/08/2023 10:30 AM]
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| Filing 4 Filed District Court order DENYING Appellant Martin C. Fitzpatrick leave to proceed on appeal in forma pauperis. Date IFP denied: 10/31/2023. Issued Circuit Rule 3(b) 30 day notice for failure to pay the docketing fee. Fee or IFP forms due on 11/30/2023 for Appellant Martin C. Fitzpatrick. [7344989] [4] [7344989] [23-3053] (CG) [Entered: 10/31/2023 10:33 AM] |
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Filing 3
ORDER: Appellant Martin C. Fitzpatrick shall file a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. Briefing is SUSPENDED pending further court order. (See order for further details) [7344914] JAF Jurisdictional memorandum due for Appellant Martin C. Fitzpatrick by 11/13/2023. [3] [7344914] [23-3053] (ER) [Entered: 10/30/2023 04:20 PM]
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| Filing 2 This is notification that no appellee(s) or counsel for the appellee(s) were served in the District Court. [2] [7343945] (Note: The Office of the IL Attorney General has been notified of the filing of the appeal.) [23-3053] (FP) [Entered: 10/25/2023 03:10 PM] |
| Filing 1 Private civil case docketed. IFP pending in the District Court. Transcript information sheet due by 11/08/2023. Docketing Statement due for Appellant Martin C. Fitzpatrick by 11/01/2023. [1] [7343939] [23-3053] (FP) [Entered: 10/25/2023 02:47 PM] |
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