Robert Peacher v. Frank Vanihel
| ROBERT PEACHER |
| FRANK VANIHEL, Warden |
| 24-3190 |
| December 3, 2024 |
| U.S. Court of Appeals, Seventh Circuit |
| Habeas Corpus |
Docket Report
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Filing 14
ORDER re: Motion to consolidate cause numbers, filed on 1/24/2025. The motion is DENIED as unnecessary. On January 13, 2025, the court consolidated appeal nos. 24-3190 and 25-1043 for purposes of briefing and disposition. These consolidated appeals are proceeding to a determination of the appellants fee status on appeal and a determination of whether a certificate of appealability should issue. The clerk shall send the appellant a copy of the courts public dockets for appeal nos. 24-3190 and 25-1043. [ # 12 ] CDH [14] [7431372] [24-3190, 25-1043] (FP) [Entered: 01/27/2025 03:39 PM]
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| Filing 13 Prose motion filed by Appellant Robert Peacher in 24-3190, 25-1043 to proceed on appeal in forma pauperis. [13] [7431050] [24-3190, 25-1043] (CAG) [Entered: 01/24/2025 04:43 PM] |
| Filing 12 Pro se motion filed by Appellant Robert Peacher in 24-3190, 25-1043 to consolidate cases. [12] [7431048] [24-3190, 25-1043] (CAG) [Entered: 01/24/2025 04:42 PM] |
| Filing 11 Pro se motion filed by Appellant Robert Peacher in 24-3190, 25-1043 for appointment of counsel. [11] [7431047] [24-3190, 25-1043] (CAG) [Entered: 01/24/2025 04:41 PM] |
| Filing 10 Filed Seventh Circuit Transcript Information Sheet by Appellant Robert Peacher in 24-3190, 25-1043. [10] [7430475] [24-3190, 25-1043] (CAG) [Entered: 01/22/2025 03:17 PM] |
| Filing 9 Docketing Statement filed by Appellant Robert Peacher. Prior or Related proceedings: Yes. 25-1043 [9] [7430473] [24-3190] (CAG) [Entered: 01/22/2025 03:16 PM] |
| Filing 8 Prose motion filed by Appellant Robert Peacher in 24-3190, 25-1043 to proceed on appeal in forma pauperis. [8] [7430471] [24-3190, 25-1043] (CAG) [Entered: 01/22/2025 03:15 PM] |
| Filing 7 Filed District Court order DENYING Appellant Robert Peacher in 25-1043, 24-3190 leave to proceed on appeal in forma pauperis. Date IFP denied: 01/14/2025. Issued Circuit Rule 3(b) 30 day notice for failure to pay the docketing fee. Fee or IFP forms due on 02/13/2025 for Appellant Robert Peacher [7428884] [7] [7428884] [25-1043, 24-3190] (CG) [Entered: 01/14/2025 02:25 PM] |
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Filing 6
ORDER: The court, on its own motion, orders these appeals are CONSOLIDATED for purposes of briefing and disposition. These appeals will proceed to a determination of appellants fee status and a determination whether a certificate of appealability should issue. JXK [6] [7428561] [24-3190, 25-1043] (HTP) [Entered: 01/13/2025 03:00 PM]
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Filing 5
ORDER: 1. Motion for stay appeal or withdraw appeal without prejudice because petitioner did not file a notice of appeal, filed on 12/26/2024. 2. Second motion to stay appeal or withdraw appeal without prejudice because petitioner did not file a notice of appeal filed on 1/3/2025. A review of the district courts docket shows that on November 25, 2024, Robert Peacher filed a motion titled Petitioners motion for equitable tolling and motion for an extension of time to file a Rule 59 or 60(B) motion and preserve the ability to file an appeal if needed. On December 2, 2024, the district court construed the motion as a notice of appeal. The appellant now asks this court to dismiss this appeal without prejudice. The court notes a similar motion is pending in the district court. Federal Rule of Appellate Procedure 42(b) allows an appellant to voluntarily dismiss his appeal. However, once the appeal is dismissed, the appellant cannot reinstate it at a later date. Because it appears that the appellant may wish to reserve the right to reopen this appeal at a later date, the motions are DENIED. Should the appellant decide that he does not want to proceed with this appeal, then he may file an appropriate motion, pursuant to Fed. R. App. P. 42(b), indicating his desire that it be dismissed. Any such motion is due by February 3, 2025. If the appellant does not file a motion to voluntarily dismiss by the deadline, then he must either pay the $605.00 appellate filing fees or file a motion for leave to proceed on appeal in forma pauperis in the district court by February 3, 2025. Further, his overdue Circuit Rule 3(c) docketing statement will also be due by February 3, 2025. Failure to comply with this order may result in the dismissal of this appeal. The clerk will send the appellant a copy of the district courts public docket, an asset affidavit form, and this courts instructions for preparing a docketing statement so the appellant may familiarize himself with the information that must be included in a Circuit Rule 3(c) 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 district court judgment or order being challenged in this appeal. Sent Certified Mail. Receipt Number: 9589 0710 5270 0423 8762 58. [ # 4 ] [ # 3 ] CDH [5] [7427158] [24-3190] (FP) [Entered: 01/06/2025 12:39 PM]
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| Filing 4 Pro se motion filed by Appellant Robert Peacher to stay appeal or withdraw appeal without prejudice. [4] [7426750] [24-3190] (DAB) [Entered: 01/03/2025 10:01 AM] |
| Filing 3 Pro se motion filed by Appellant Robert Peacher to stay appeal or withdraw appeal without prejudice. [3] [7425587] [24-3190] (CAH) [Entered: 12/26/2024 10:28 AM] |
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Filing 2
ORDER: Appellant Robert Peacher 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 Robert Peacher by 12/31/2024. Sent Certified Mail. Receipt Number: 9589 0710 5270 1607 0363 45. [2] [7424113] [24-3190] (AD) [Entered: 12/17/2024 09:56 AM]
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| Filing 1 State prisoner's habeas corpus case docketed. Certificate of Appealability denied 11/06/2024. Fee due. Docketing Statement due for Appellant Robert Peacher by 12/02/2024. Transcript information sheet due by 12/17/2024. Fee or IFP forms due on 12/17/2024 for Appellant Robert Peacher. [1] [7421369] [24-3190] (PS) [Entered: 12/03/2024 04:38 PM] |
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| Respondent: FRANK VANIHEL, Warden | |
| Represented By: | Jesse Drum |
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| Petitioner: ROBERT PEACHER | |
| Represented By: | Robert Peacher |
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