Santana Gray v. Ron Neal
| SANTANA J. GRAY |
| RON NEAL |
| 24-2850 |
| October 17, 2024 |
| U.S. Court of Appeals, Seventh Circuit |
| Habeas Corpus |
Docket Report
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This docket was last retrieved on November 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 Filed District Court order DENYING Appellant Santana J. Gray leave to proceed on appeal in forma pauperis. Date IFP denied: 11/22/2024. Issued Circuit Rule 3(b) 30 day notice for failure to pay the docketing fee. Fee or IFP forms due on 12/23/2024 for Appellant Santana J. Gray. [7419552] [6] [7419552] [24-2850] (AP) [Entered: 11/22/2024 11:15 AM] |
| Filing 5 Issued Circuit Rule 3(b) 14 day notice to file a motion for leave to proceed on appeal in forma pauperis or pay the docketing fee in the District Court. Fee or IFP forms due on 11/29/2024 for Appellant Santana J. Gray. [5] [7418125] [24-2850] (AD) [Entered: 11/15/2024 11:35 AM] |
Filing 4
ORDER: In light of the district courts October 22, 2024, order denying appellants motion for reconsideration, this appeal will proceed to a determination of whether a certificate of appealability should issue. JXK [7413279] [24-2850] (HTP) [Entered: 10/23/2024 03:24 PM]
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| Filing 3 Filed status report by Appellee Ron Neal. [3] [7413187] [24-2850] (Templeton, Caroline) [Entered: 10/23/2024 12:34 PM] |
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Filing 2
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. The district court construed appellants request for a certificate of appealability as a timely notice of appeal. See Smith v. Barry, 502 U.S. 244, 248 (1992); Wells v. Ryker, 591 F.3d 562, 56465 (7th Cir. 2010). But 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 to judges findings and recommendation on October 15, 2024, within 28 days of entry of judgment on September 19, 2024. This may be a timely Rule 59 motion. See Carlson v. CSX Transp., Inc., 758 F.3d 819, 82526 (7th Cir. 2014). As such, this appeal appears to be premature, because the district court has not yet disposed of the motion and entered its order on the civil docket. Florian v. Sequa Corp., 294 F.3d 828, 829 (7th Cir. 2002). Accordingly, proceedings in this appeal are SUSPENDED pending the district court's resolution of the motion for reconsideration. If a party contends that this appeal should not be suspended, then that party should file a brief memorandum on or before November 4, 2024, stating why suspension is not appropriate. The appellee shall file a status report within seven days of a ruling on the objection to judges findings, or on or shortly before November 20, 2024, if no order has yet issued. [2] JXK [2] [7412484] [24-2850] (CG) [Entered: 10/21/2024 11:17 AM]
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| Filing 1 State prisoner's habeas corpus case docketed. Certificate of Appealability denied 09/19/2024. Fee due. Docketing statement filed. Fee or IFP forms due on 10/31/2024 for Appellant Santana J. Gray. Transcript information sheet due by 10/31/2024. [1] [7412246] [24-2850] (AP) [Entered: 10/18/2024 02:48 PM] |
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| Respondent: RON NEAL | |
| Represented By: | Caroline Templeton |
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| Petitioner: SANTANA J. GRAY | |
| Represented By: | Santana J. Gray |
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