Akeem Boddie v. Frank Vanihel

Akeem Boddie v. Frank Vanihel

Petitioner:	AKEEM D. BODDIE
Respondent:	FRANK VANIHEL
Case Number:	24-1578
Filed:	April 11, 2024
Court:	U.S. Court of Appeals, Seventh Circuit
Nature of Suit:	Habeas Corpus

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This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 11, 2024	Filing 2 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 February 7, 2024, and the notice of appeal was filed on April 10, 2024, over one month 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 25, 2024 a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. A motion for voluntary dismissal pursuant to Fed. R. App. P. 42(b) will satisfy this requirement. IN THE ALTERNATIVE, appellant must provide a notarized statement or a declaration under penalty of perjury (in compliance with 28 U.S.C. 1746) setting forth the date he gave the notice of appeal to prison staff to file electronically. See Taylor v. Brown, 787 F.3d 851, 85859 (7th Cir. 2014). Appellants notarized statement or declaration shall be filed on or before April 25, 2024. [7375663] JXK [2] [7375663] [24-1578] (ER) [Entered: 04/11/2024 02:48 PM]
April 11, 2024	Filing 1 State prisoner's habeas corpus case docketed. Certificate of Appealability denied 02/07/2024. IFP. Docketing Statement due for Appellant Akeem D. Boddie by 04/17/2024. Transcript information sheet due by 04/25/2024. [1] [7375590] [24-1578] (HTP) [Entered: 04/11/2024 11:55 AM]

Date Filed

Document Text

April 11, 2024

Filing 2 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 February 7, 2024, and the notice of appeal was filed on April 10, 2024, over one month 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 25, 2024 a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. A motion for voluntary dismissal pursuant to Fed. R. App. P. 42(b) will satisfy this requirement. IN THE ALTERNATIVE, appellant must provide a notarized statement or a declaration under penalty of perjury (in compliance with 28 U.S.C. 1746) setting forth the date he gave the notice of appeal to prison staff to file electronically. See Taylor v. Brown, 787 F.3d 851, 85859 (7th Cir. 2014). Appellants notarized statement or declaration shall be filed on or before April 25, 2024. [7375663] JXK [2] [7375663] [24-1578] (ER) [Entered: 04/11/2024 02:48 PM]

April 11, 2024

Filing 1 State prisoner's habeas corpus case docketed. Certificate of Appealability denied 02/07/2024. IFP. Docketing Statement due for Appellant Akeem D. Boddie by 04/17/2024. Transcript information sheet due by 04/25/2024. [1] [7375590] [24-1578] (HTP) [Entered: 04/11/2024 11:55 AM]

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Petitioner: AKEEM D. BODDIE
Represented By:	Akeem D. Boddie
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Respondent: FRANK VANIHEL
Represented By:	Caroline Templeton
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