Joshua Duffy v. USA
| JOSHUA S. DUFFY |
| UNITED STATES OF AMERICA |
| 24-1306 |
| February 28, 2024 |
| U.S. Court of Appeals, Seventh Circuit |
| Prisoner Petition-Vacate Sentence |
Docket Report
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Filing 6
ORDER re: Memorandum regarding duplicate notice of appeal, which this court construes as a motion for voluntary dismissal. [ # 5 ] This case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b). Appellants appeal from the district courts judgment will proceed under No. 24-1281. Mandate issued, no record to be returned. [6][7374403] [24-1306] (PS) [Entered: 04/05/2024 10:06 AM]
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| FOR COURT USE ONLY: Certified copy of 04/05/2024 Final Order with Mandate sent to the District Court Clerk. [7374410-2] [7374410] [24-1306] (PS) [Entered: 04/05/2024 10:38 AM] |
| Filing 5 Jurisdictional memorandum filed by Appellant Joshua S. Duffy. [5] [7374280] [24-1281] (CAH) [Entered: 04/04/2024 04:03 PM] |
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Filing 4
ORDER: The court, on its own motion, orders appellant to show cause for his failure to respond to the court's order of February 28, 2024. Appellant shall file his response on or before April 8, 2024. Appellant is advised that failure to respond may result in the dismissal of this appeal. The clerk is directed to attach a copy of the courts February 28, 2024 order to appellants copy of this order. Sent Certified Mail. Receipt Number: 7021 2720 0001 0402 8262. JXK [4] [7371988] [24-1306] (AP) [Entered: 03/25/2024 11:35 AM]
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| Filing 3 Notification from the District Court that a motion to proceed on appeal in forma pauperis is pending. [3] [7371643] [24-1306] (AD) [Entered: 03/22/2024 10:14 AM] |
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Filing 2
ORDER: A preliminary review of the short record indicates that this appeal duplicates an appeal filed on February 16, 2024, and docketed in this court as Appeal No. 24-1281. Only one appeal is necessary, and the other should be dismissed. Harris v. Bellin Meml Hosp., 13 F.3d 1082, 1083 (7th Cir. 1994). Accordingly, appellant shall file, on or before 03/13/2024, a brief memorandum addressing whether this appeal should be dismissed as unnecessary. A motion for voluntary dismissal pursuant to Fed. R. App. P. 42(b) will satisfy this requirement. IT IS FURTHER ORDERED that the clerk of this court shall docket the notice of appeal in this case also in Appeal No. 24-1281 as a motion to hold proceedings on appeal in abeyance. JXK [7367164][2][2] [7367164] [24-1306] (MAN) [Entered: 02/28/2024 02:03 PM]
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| Filing 1 Federal prisoner's 2255 case docketed. Certificate of Appealability denied 02/05/2024. Fee due. Docketing Statement due for Appellant Joshua S. Duffy by 03/01/2024. Fee or IFP forms due on 03/13/2024 for Appellant Joshua S. Duffy. Transcript information sheet due by 03/13/2024. [1] [7367103] [24-1306] (MAN) [Entered: 02/28/2024 10:58 AM] |
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| Petitioner: JOSHUA S. DUFFY | |
| Represented By: | Joshua S. Duffy |
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| Respondent: UNITED STATES OF AMERICA | |
| Represented By: | Tiffany Preston |
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