Darlene Esposito v. Verif Acts, Inc.
| DARLENE ESPOSITO |
| VERIF ACTS, INC. |
| 23-3064 |
| October 26, 2023 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Civil Rights |
Docket Report
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Filing 9
ORDER: On review of the papers filed in this appeal and review of the short record, IT IS ORDERED that this appeal is LIMITED to a review of the order entered on September 27, 2023, striking appellants filings. Rule 4(a) of the Federal Rules of Appellate Procedure require 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, the district courts final order of dismissal was entered on April 7, 2023, and the notice of appeal was filed October 25, 2023, five months late as to the entry of final judgment. The district court has not granted an extension of the appeal period, see Rule 4(a)(5), and this court is not empowered to do so, see Fed. R. App. P. 26(b). This appeal is timely only as to the order entered on September 27, striking Espositos filings. Based on review of the district courts September 27 order, the record on appeal, and appellants motion to proceed in forma pauperis, this court has determined that any issues which could be raised are insubstantial and that further briefing would not be helpful to the courts consideration of the issues. See Taylor v. City of New Albany, 979 F.2d 87 (7th Cir. 1992); Mather v. Village of Mundelein, 869 F.2d 356, 357 (7th Cir. 1989) (per curiam) (court can decide case on motions papers and record where briefing would be not assist the court and no member of the panel desires briefing or argument). The district court did not abuse its discretion when it struck the amended complaint and motions Esposito filed in her closed case, and its order was clearly correct in all respects. Accordingly, IT IS FURTHER ORDERED that the motion to proceed in forma pauperis is DENIED, the motion to seal is DENIED, and the district courts September 27 order is summarily AFFIRMED. [ # 5 ] [ # 7 ] David F. Hamilton, Circuit Judge; Thomas L. Kirsch II, Circuit Judge and John Z. Lee, Circuit Judge. [9] [7354819] [23-3064] (ER) [Entered: 12/20/2023 02:47 PM]
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Filing 8
ORDER re: Motion for interim relief. [ # 6 ] The appellants filing does not address the jurisdictional issue raised in the courts order dated October 30, 2023. Accordingly, the motion will be filed without further court action. The deadline for the appellant to file a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction is extended to December 14, 2023. The clerk shall send the appellant a copy of the courts order dated October 30, 2023. CDH [8] [7350773] [23-3064] (PS) [Entered: 11/30/2023 11:32 AM]
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| Filing 7 Pro se motion by Appellant Darlene Esposito to file under seal. [7] NOTE: Access to this entry is limited to counsel of record. [7350606] [23-3064] (DAB) [Entered: 11/29/2023 03:45 PM] |
| Filing 6 Pro se motion filed by Appellant Darlene Esposito for interim relief. [6] [7350604] [23-3064] (DAB) [Entered: 11/29/2023 03:37 PM] |
| Filing 5 Prose motion filed by Appellant Darlene Esposito to proceed on appeal in forma pauperis. [5] [7350603] [23-3064] (DAB) [Entered: 11/29/2023 03:34 PM] |
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Filing 4
ORDER: Appellant Darlene Esposito 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) [7344897] DW Jurisdictional memorandum due for Appellant Darlene Esposito by 11/13/2023. [4] [7344897] [23-3064] (AD) [Entered: 10/30/2023 04:10 PM]
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| Filing 3 Filed District Court order DENYING Appellant Darlene Esposito leave to proceed on appeal in forma pauperis. Date IFP denied: 10/30/2023. Issued Circuit Rule 3(b) 30 day notice for failure to pay the docketing fee. Fee or IFP forms due on 11/29/2023 for Appellant Darlene Esposito [7344803] [3] [7344803] [23-3064] (CG) [Entered: 10/30/2023 02:35 PM] |
| Filing 2 This is notification that no appellee(s) or counsel for the appellee(s) were served in the District Court. [2] [7344134] [23-3064] (PS) [Entered: 10/26/2023 12:13 PM] |
| Filing 1 Private civil case docketed. IFP pending in the District Court. Docketing statement filed. Transcript information sheet due by 11/09/2023. [1] [7344130] [23-3064] (PS) [Entered: 10/26/2023 12:08 PM] |
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| Plaintiff / appellant: DARLENE ESPOSITO | |
| Represented By: | Darlene Esposito |
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| Defendant / appellee: VERIF ACTS, INC. | |
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