Dwayne Gray v. Gary Miller
| DWAYNE E. GRAY |
| GARY MILLER, Judge, Marion County Superior Court |
| 24-1504 |
| April 1, 2024 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Civil Rights |
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Filing 3
ORDER: Rule 4(a) of the Federal Rules of Appellate Procedure requires 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 judgment was entered on November 21, 2023, and the district court denied appellants motion for reconsideration pursuant to Rule 59 of the Federal Rules of Civil Procedure on December 19, 2023. See Fed. R. App. P. 4(a)(4). The notice of appeal was then filed on April 1, 2024, over two months late. The district court has not granted an extension of the appeal period, see Fed. R. App. P. 4(a)(5), and this court is not empowered to do so, see Fed. R. App. P. 26(b). Accordingly, IT IS ORDERED that appellant shall file, on or before April 17, 2024, a brief memorandum stating why this appeal should not be limited to a review of the district courts March 15, 2024, order denying appellants amended motion for reconsideration. See Krivak v. Home Depot U.S.A., Inc., 2 F.4th 601, 606 (7th Cir. 2021). The memorandum should also address whether appellants January 16, 2024, motion for an extension of time may be construed as a timely notice of appeal challenging the judgment. See Smith v. Barry, 502 U.S. 244, 248 (1992); Owens v. Godinez, 860 F.3d 434, 437 (7th Cir. 2017). A motion for voluntary dismissal pursuant to Fed. R. App. P. 42(b) will satisfy this requirement. Briefing is SUSPENDED pending further court order. JXK [3] [3] [7373975] [24-1504] (AP) [Entered: 04/03/2024 02:33 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] [7373748] [24-1504] (PS) [Entered: 04/02/2024 03:59 PM] |
| Filing 1 Private civil case docketed. IFP pending in the District Court. Docketing Statement due for Appellant Dwayne E. Gray by 04/08/2024. Transcript information sheet due by 04/15/2024. [1] [7373743] [24-1504] (PS) [Entered: 04/02/2024 03:52 PM] |
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| Plaintiff: DWAYNE E. GRAY | |
| Represented By: | Dwayne E. Gray |
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| Defendant: GARY MILLER, Judge, Marion County Superior Court | |
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