Torrence Belcher v. Ron Neal
| TORRENCE BELCHER |
| RON NEAL |
| 24-1935 |
| May 29, 2024 |
| U.S. Court of Appeals, Seventh Circuit |
| Habeas Corpus |
Docket Report
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This docket was last retrieved on July 23, 2024. A more recent docket listing may be available from PACER.
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Filing 10
ORDER re: 1. Motion to proceed on appeal in forma pauperis. 2. Motion for appointment of counsel. [ # 7 ] [ # 6 ] The motion for leave to appeal in forma pauperis is DENIED. Appellant shall pay the required docketing fee within 14 days, or else this appeal will be dismissed for failure to prosecute pursuant to Circuit Rule 3(b). Further, the motion for recruitment of counsel is DENIED. See Pruitt v. Mote, 503 F.3d 647 (7th Cir. 2007) (en banc); Farmer v. Haas, 990 F.2d 319, 321 (7th Cir. 1993). Sent Certified Mail. Receipt Number: 7022 0410 0003 3396 1652. MDF [10] [7395060] [24-1935] (PS) [Entered: 07/23/2024 10:52 AM]
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| Filing 9 Docketing Statement filed by Appellant Torrence Belcher. Prior or Related proceedings: No. (Forwarded from the District Court). [9] [7390339] [24-1935] (CAG) [Entered: 06/27/2024 01:02 PM] |
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Filing 8
ORDER: In light of the district courts May 31, 2024, order denying appellants motion for reconsideration, this appeal will proceed to a determination of appellants fee status. JXK [7389016] [24-1935] (AD) [Entered: 06/20/2024 12:54 PM]
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| Filing 7 Prose motion filed by Appellant Torrence Belcher to proceed on appeal in forma pauperis. [7] [7388500] [24-1935] (EF) [Entered: 06/17/2024 04:21 PM] |
| Filing 6 Pro se motion filed by Appellant Torrence Belcher for appointment of counsel. [6] [7388493] [24-1935] (EF) [Entered: 06/17/2024 04:11 PM] |
| Filing 5 Filed District Court order dated 05/31/2024, denying [29] motion for reconsideration. Forwarded to JXK. [5] [7388215] [24-1935] (JR) [Entered: 06/17/2024 09:03 AM] |
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Filing 4
ORDER: Appellant Torrence Belcher 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 Torrence Belcher by 06/27/2024. Sent Certified Mail. Receipt Number: 7019 0410 0000 6080 0033. [4] [7387744] [24-1935] (AD) [Entered: 06/13/2024 09:42 AM]
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Filing 3
ORDER: A preliminary review of the short record indicates that the order appealed from may not be a final appealable judgment within the meaning of 28 U.S.C. 1291. A notice of appeal filed before the district court issues its ruling on a timely motion under Rule 59 of the Federal Rules of Civil Procedure is ineffective until the order disposing of the motion is entered on the district courts civil docket. Fed. R. App. P. 4(a)(4). In the present case, appellant filed an objection seeking to set aside the district courts final order on May 23, 2024, within 28 days of entry of judgment on May 15, 2024. This may be a timely Rule 59 motion. See Carlson v. CSX Transp., Inc., 758 F.3d 819, 82526 (7th Cir. 2014); Florian v. Sequa Corp., 294 F.3d 828, 829 (7th Cir. 2002). As such, this appeal may be premature, because it appears that the district court has not disposed of the motion and entered its order on the district courts civil docket. Accordingly, the appellant shall file, on or before June 13, 2024, a brief memorandum stating why this appeal should not be STAYED pending the entry of the order disposing of the motion. 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] [7385488] [24-1935] (FP) [Entered: 05/30/2024 02:05 PM]
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Filing 2
Order issued in light of Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000), this case may proceed without a certificate of appealability. MPB [2] [7385447] [24-1935] (ER) [Entered: 05/30/2024 12:10 PM]
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| Filing 1 State prisoner's habeas corpus case docketed. IFP on appeal denied on 05/15/2024. Fee due. Docketing Statement due for Appellant Torrence Belcher by 05/30/2024. Fee or IFP forms due on 06/12/2024 for Appellant Torrence Belcher. Transcript information sheet due by 06/12/2024. [1] [7385441] [24-1935] (ER) [Entered: 05/30/2024 12:03 PM] |
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| Petitioner: TORRENCE BELCHER | |
| Represented By: | Torrence Belcher |
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| Respondent: RON NEAL | |
| Represented By: | David Corey |
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