Jeff Poff v. Lieutenant Scullion
| JEFF POFF |
| LIEUTENANT SCULLION |
| 23-3099 |
| October 31, 2023 |
| U.S. Court of Appeals, Seventh Circuit |
| Prison Condition |
Docket Report
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This docket was last retrieved on December 29, 2023. A more recent docket listing may be available from PACER.
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Filing 6
ORDER re: Motion to dismiss appeals. [ # 5 ] The appellant has asked the court to dismiss these appeals without prejudice. Federal Rule of Appellate Procedure 42(b) allows an appellant to voluntarily dismiss his appeal. However, once the appeal is dismissed, the appellant cannot reinstate it at a later date and the appellant is reminded that voluntary dismissal does not relieve the appellant of the obligation to pay the appellate filing fees. See 28 U.S.C. 1915(b). Because it appears that the appellant may wish to reserve the right to reopen these appeals at a later date, the motion is DENIED. Should the appellant decide that he does not want to proceed with either of these appeals, then he may file an appropriate motion that complies with Federal Rule of Appellate Procedure 42(b). Any such motion is due by January 29, 2024. If the appellant does not file a compliant motion to voluntarily dismiss, he 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 and PLRA memorandum in support in this court by January 29, 2024. Failure to do so may result in the dismissal of these appeals. Sent Certified Mail. Receipt Number: 7021 2720 0001 0402 9825. CDH [6] [7356258] [23-2886, 23-3099] (PS) [Entered: 12/29/2023 02:15 PM]
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| Filing 5 Pro se motion filed by Appellant Jeff Poff to dismiss appeal. [5] [7356125] [23-2886, 23-3099] (KRA) [Entered: 12/28/2023 03:07 PM] |
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Filing 4
ORDER re: Motion to Withdraw Appeal in no. 23-2886. [ # 7352780-2 ] The appellants request to waive his filing fees is DENIED. Federal Rule of Appellate Procedure 42(b) allows an appellant to withdraw or voluntarily dismiss his appeal. However, voluntary dismissal does not relieve the appellant of the obligation to pay the appellate filing fees. See 28 U.S.C. 1915(b). Because the appellants motion does not make clear that he seeks to voluntarily dismiss his appeal if the fee is not waived, IT IS FURTHER ORDERED that the request to withdraw this appeal is DENIED without prejudice to renewal. This court also reminds the appellant that he has two pending appeals: 23-2886 and 23-3099. Should the appellant decide that he does not want to proceed with one or both of his appeals, he may file a renewed motion that complies with Federal Rule of Appellate Procedure 42(b). Any such motion is due by January 16, 2024, and should specify which appeal(s) should be dismissed. If the appellant does not dismiss this appeal, he 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 and PLRA memorandum in support in this court by January 16, 2024. Failure to do so may result in the dismissal of this appeal. Finally, the clerk shall send the appellant a copy of the courts public docket in appeal nos. 23-2886 and 23-3099. PLRA Fee/Motion/Memorandum due on 01/16/2024. Sent Certified Mail. Receipt Number: 7022 0410 0003 3396 4264. [4] [7353872] SCR [23-2886, 23-3099] (AD) [Entered: 12/15/2023 11:38 AM]
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| Filing 3 Filed District Court order DENYING Appellant Jeff Poff in 23-2886, 23-3099 leave to proceed on appeal in forma pauperis. Date IFP denied: 11/20/2023. [3] [7348827] PLRA Fee/Motion/Memorandum due on 12/20/2023 [23-2886, 23-3099] (CAG) [Entered: 11/20/2023 01:04 PM] |
| Filing 2 This is notification that no appellee(s) or counsel for the appellee(s) were served in the District Court. [2] [7345537] (Note: The Office of the WI Attorney General has been notified of the filing of the appeal.) [23-3099] (FP) [Entered: 11/02/2023 12:52 PM] |
| Filing 1 State prisoner's civil rights case docketed. IT IS ORDERED that this appeal is subject to the Prison Litigation Reform Act. Proceedings are SUSPENDED pending notification by the district court that any necessary fee has been assessed, and if assessed, paid. PLRA IFP pending in the District Court. Transcript information sheet due by 11/14/2023. Docketing Statement due for Appellant Jeff Poff by 11/07/2023. [1] [7345288] [23-3099] (FP) [Entered: 11/01/2023 12:59 PM] |
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| Plaintiff / appellant: JEFF POFF | |
| Represented By: | Jeff Poff |
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| Defendant / appellee: LIEUTENANT SCULLION | |
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