Jose Suarez v. Chance Jones
| JOSE SUAREZ |
| CHANCE JONES, Warden |
| 24-1906 |
| May 22, 2024 |
| U.S. Court of Appeals, Seventh Circuit |
| Habeas Corpus |
Docket Report
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Filing 17
ORDER: IT IS ORDERED that the clerk of this court shall TRANSFER to the district court the Late Notice of Appeal filed in this court on May 24, 2024, along with a copy of this order. This case is REMANDED to the district court for the LIMITED purpose of determining whether the time to appeal should be extended. The district court may request the parties further address the matter of appellants tardiness in filing his appeal before it rules, if the court is inclined to do so. (See order for details) JXK [17] [7393232] [24-1906] (ER) [Entered: 07/12/2024 03:18 PM]
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| FOR COURT USE ONLY: Certified copy of 07/12/2024 Limited Remand Order and Late Notice of Appeal sent to the District Court Clerk. [7393247-2] [7393247] [24-1906] (ER) [Entered: 07/12/2024 03:30 PM] |
| Filing 16 Amended Jurisdictional memorandum filed by Appellant Jose Suarez. [16] [7392141] [24-1906] (EF) [Entered: 07/08/2024 04:48 PM] |
| Filing 15 Jurisdictional memorandum filed by Appellee Chance Jones. [15] [7391180] [24-1906] (Doersch, Katherine) [Entered: 07/02/2024 09:00 AM] |
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Filing 14
ORDER: Appellee shall file, on or before July 9, 2024, a response to appellants jurisdictional memorandum, addressing the jurisdictional issue raised in the courts order of May 28, 2024, and in particular whether appellants statements in his memorandum, notice of appeal, and supplemental late notice of appeal are sufficient to satisfy Fed. R. App. P. 4(c), in light of the first-class postage stamp included on the envelope containing the notice of appeal. JXK [14] [7389846] [24-1906] (PS) [Entered: 06/25/2024 11:59 AM]
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Filing 13
ORDER re: Motion for extension of time. The motion is GRANTED only to the extent that the appellant shall file his Circuit Rule 3(c) docketing statement by July 16, 2024. The clerk shall resend the appellant a copy of this courts instructions for preparing a docketing statement, so that the appellant may familiarize himself with the information that should be included in a docketing statement. In his docketing statement, the appellant should attempt to provide the information listed in the Pro Se Instructions, particularly the date of the judgment or order being challenged in this appeal. [ # 12 ] CDH [13] [7389818] [24-1906] (HTP) [Entered: 06/25/2024 10:34 AM]
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| Filing 12 Pro se motion filed by Appellant Jose Suarez to extend time to file the docketing statement [12] [7389618] [24-1906] (EF) [Entered: 06/24/2024 03:54 PM] |
| Filing 11 Jurisdictional memorandum filed by Appellant Jose Suarez. [11] [7389110] [24-1906] (CAG) [Entered: 06/20/2024 03:59 PM] |
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Filing 10
ORDER: The court, on its own motion, orders appellant to show cause for his failure to respond to the court's order of May 28, 2024. Appellant shall file his response on or before July 8, 2024. Appellant is advised that failure to respond may result in the dismissal of this appeal. The clerk of this court shall attach a copy of the May 28, 2024, order to appellant's copy of this order. Sent Certified Mail. Receipt Number: 7022 0410 0003 3396 1539. JXK [10] [7389009] [24-1906] (PS) [Entered: 06/20/2024 12:42 PM]
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Filing 9
ORDER: Appellant Jose Suarez is directed to file the overdue Docketing Statement within 14 days from the date of this Rule to Show Cause. Docketing statement response due for Appellant Jose Suarez by 06/20/2024. Sent Certified Mail. Receipt Number: 7020 3160 0001 5911 2574. [9] [7386484] [24-1906] (AD) [Entered: 06/06/2024 09:17 AM]
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| Filing 8 Prose motion filed by Appellant Jose Suarez to proceed on appeal in forma pauperis. [8] [7385965] [24-1906] (CAH) [Entered: 06/03/2024 03:46 PM] |
| Filing 7 Pro se motion filed by Appellant Jose Suarez to supplement newly discovered evidence. [7] [7385961] [24-1906] (CAH) [Entered: 06/03/2024 03:46 PM] |
| Filing 6 Filed District Court order DENYING Appellant Jose Suarez leave to proceed on appeal in forma pauperis. Date IFP denied: 06/03/2024. Issued Circuit Rule 3(b) 30 day notice for failure to pay the docketing fee. Fee or IFP forms due on 07/03/2024 for Appellant Jose Suarez [7385899] [6] [7385899] [24-1906] (CG) [Entered: 06/03/2024 02:34 PM] |
| Filing 5 Notification from the District Court that a motion to proceed on appeal in forma pauperis is pending. [5] [7385525] [24-1906] (CG) [Entered: 05/30/2024 03:22 PM] |
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Filing 4
ORDER: The appellant shall file, on or before June 11, 2024, a notarized statement or declaration (in compliance with 28 U.S.C. 1746) stating clearly (1) the date the notice of appeal was deposited in the prisons internal mail system and (2) whether first class postage was prepaid. See Fed. R. App. P. 4(c). Briefing is SUSPENDED pending further court order. IN THE ALTERNATIVE appellant shall file a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. The memorandum should also address whether appellants supplement may be construed as a timely motion for extension of time and whether the court should remand for the district court to rule on the motion. See Fed. R. App. P. 4(a)(5). Appellants memorandum, if any, shall be filed on or before June 11, 2024. (See order for further details) [7384988] JXK [4] [7384988] [24-1906] (FP) [Entered: 05/28/2024 03:56 PM]
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| Filing 3 Pro se motion filed by Appellant Jose Suarez for certificate of appealability. [3] [7384723] [24-1906] (AP) [Entered: 05/28/2024 09:33 AM] |
| Filing 2 Supplemental late notice of appeal with affidavit attached filed by Appellant Jose Suarez. [2] [7384721] [24-1906] (AP) [Entered: 05/28/2024 09:32 AM] |
| Filing 1 State prisoner's habeas corpus case docketed. Certificate of Appealability denied 03/28/2024. Fee due. Docketing Statement due for Appellant Jose Suarez by 05/28/2024. Transcript information sheet due by 06/05/2024. Fee or IFP forms due on 06/05/2024 for Appellant Jose Suarez. [1] [7384147] [24-1906] (PS) [Entered: 05/23/2024 10:42 AM] |
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| Respondent: CHANCE JONES, Warden | |
| Represented By: | Katherine M. Doersch |
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| Petitioner: JOSE SUAREZ | |
| Represented By: | Jose Suarez |
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