Kenneth Daugherty v. Jeremiah Brown
| KENNETH JAMES DAUGHERTY |
| JEREMIAH BROWN, Warden |
| 25-1377 |
| March 6, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Habeas Corpus |
Docket Report
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Filing 22
ORDER re: Motion for second extension of time. The motion is GRANTED only to the extent that if the appellant would like to file a separate request for a certificate of appealability with this court, he may do so by August 25, 2025. In the event that the appellant does not file a motion by that date or seek another extension, his notice of appeal previously docketed in this court will be deemed to constitute an application for a certificate of appealability. See Fed. R. App. P. 22(b)(2). To the extent that the appellant seeks appointment of counsel, that request should be made in a separate motion that specifically makes such a request and includes reasons in support. [ # 21 ] CDH [22] [7469174] [25-1377] (HTP) [Entered: 08/15/2025 12:46 PM]
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| Filing 21 Pro se motion filed by Appellant Kenneth James Daugherty to extend time to file. [21] [7468988] [25-1377] (EF) [Entered: 08/14/2025 03:15 PM] |
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Filing 20
ORDER re: Status report. In light of the district courts June 16, 2025, order granting an extension of time to file the notice of appeal, this appeal will proceed to a determination whether a certificate of appealability should issue. JXK [7458270] [25-1377] (HTP) [Entered: 06/17/2025 03:16 PM]
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| Filing 19 Filed status report by Appellee Jeremiah Brown. [19] [7458159] [25-1377] (Malamuth, Eldad) [Entered: 06/17/2025 11:22 AM] |
| Filing 18 Filed District Court order dated 06/16/2025, Petitioner's motion for leave to file a late notice of appeal, construed as a motion for an extension of time to file a notice of appeal pursuant to Fed. R. Civ. P. 4(a)(5), Bell v. McAdory, 820 F.3d 880, 884 (7th Cir. 2016), 142 is granted. Forwarded to SCR. [18] [7458158] [25-1377] (CAG) [Entered: 06/17/2025 11:21 AM] |
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Filing 17
ORDER re: Motion for extension of time. [ # 16 ] A review of the docket shows that on March 7, 2025, proceedings in this appeal were suspended pending the district courts resolution of the motion for extension of time. Accordingly, IT IS ORDERED that the motion is DENIED as unnecessary at this time. The clerk will send the appellant a copy of the courts public docket. CDH [17] [7457658] [25-1377] (JMB) [Entered: 06/13/2025 10:09 AM]
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| Filing 16 Pro se motion filed by Appellant Kenneth James Daugherty for extension of time. (Forwarded from the District Court). [16] [7456949] [25-1377] (CAG) [Entered: 06/10/2025 10:16 AM] |
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Filing 15
ORDER re: Status report of 06/09/2025. Appellee shall file a further status report seven days of a ruling on the motion for extension of time, or on or shortly before August 11, 2025, if no order has yet issued. JXK [15] [7456826] [25-1377] (AD) [Entered: 06/09/2025 03:25 PM]
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| Filing 14 Filed status report by Appellee Jeremiah Brown. [14] [7456739] [25-1377] (Malamuth, Eldad) [Entered: 06/09/2025 12:02 PM] |
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Filing 13
ORDER re: Letter requesting copy of the motion to proceed in forma pauperis, filed on 4/11/2025. The clerk will send the appellant a copy of his motion for leave to proceed on appeal in forma pauperis filed on April 3, 2025, and a copy of the courts public docket. CDH [13] [7446485] [25-1377] (FP) [Entered: 04/14/2025 12:25 PM]
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| Filing 12 Pro se letter filed by Appellant Kenneth James Daugherty requesting a copy of the motion to proceed on appeal in forma pauperis. [12] [7446278] [25-1377]--[Edited 04/14/2025 by CAG to reflect correct filing type] (CAG) [Entered: 04/11/2025 03:30 PM] |
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Filing 11
ORDER re: Status report of 04/07/2025. IT IS ORDERED that appellee shall file a further status report seven days of a ruling on the motion for extension of time, or on or shortly before June 9, 2025, if no order has yet issued. JXK [11] [7445342] [25-1377] (JMB) [Entered: 04/08/2025 10:49 AM]
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| Filing 10 Filed status report by Appellee Jeremiah Brown. [10] [7445171] [25-1377] (Malamuth, Eldad) [Entered: 04/07/2025 03:05 PM] |
| Filing 9 Appearance form filed by Attorney Eldad Z. Malamuth for Appellee Jeremiah Brown. [9] [7445125] (L-No; E-Yes; R-No) [25-1377] --[Edited 04/07/2025 by AP - to reflect addition of counsel] (Malamuth, Eldad) [Entered: 04/07/2025 01:48 PM] |
| Filing 8 Filed District Court order GRANTING Appellant Kenneth James Daugherty leave to proceed on appeal in forma pauperis. Date IFP granted: 04/04/2025. [8] [7444883] [25-1377] (AP) [Entered: 04/04/2025 03:47 PM] |
| Filing 7 Notification from the District Court that a motion to proceed on appeal in forma pauperis is pending. [7] [7444792] [25-1377] (AP) [Entered: 04/04/2025 12:56 PM] |
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Filing 6
ORDER issued TRANSFERRING the motion for leave to appeal in forma pauperis on appeal to the clerk of the District Court for ruling in the first instance. JR [6] [7444621] [25-1377] (CG) [Entered: 04/03/2025 04:29 PM]
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| Filing 5 Prose motion filed by Appellant Kenneth James Daugherty to proceed on appeal in forma pauperis. [5] [7444585] [25-1377] (CAG) [Entered: 04/03/2025 03:56 PM] |
| Filing 4 Docketing Statement filed by Appellant Kenneth James Daugherty. Prior or Related proceedings: No. [4] [7444579] [25-1377] (DAB) [Entered: 04/03/2025 03:50 PM] |
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Filing 3
ORDER: Appellant Kenneth James Daugherty 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 Kenneth James Daugherty by 04/03/2025. Sent Certified Mail. Receipt Number: 9589 0710 5270 1455 1950 34. [3] [7441450] [25-1377] (AD) [Entered: 03/20/2025 09:54 AM]
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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 January 21, 2025, and the notice of appeal was filed on March 5, 2025, over one week late. A review of the district courts docket suggests the district court also construed appellants notice of appealtitled Leave to File Late Notice of Appealas a motion for an extension of time to file a notice of appeal, see Fed. R. App. P. 4(a)(5); cf. Bell v. McAdory, 820 F.3d 880, 884 (7th Cir. 2016), but has not yet ruled on that construed motion. Accordingly, proceedings in this appeal are SUSPENDED pending the district court's resolution of the motion for extension of time. Appellee shall file a status report within seven days of a ruling on the motion for extension of time, or on or shortly before April 7, 2025, if no order has yet issued. JXK [2] [7439016] [25-1377] (PS) [Entered: 03/07/2025 09:46 AM]
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| Filing 1 State prisoner's habeas corpus case docketed. Certificate of Appealability denied 01/21/2025. Fee due. Docketing Statement due for Appellant Kenneth James Daugherty by 03/12/2025. Fee or IFP forms due on 03/20/2025 for Appellant Kenneth James Daugherty. Transcript information sheet due by 03/20/2025. [1] [7438849] [25-1377] (CG) [Entered: 03/06/2025 11:53 AM] |
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| Petitioner: KENNETH JAMES DAUGHERTY | |
| Represented By: | Kenneth James Daugherty |
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| Respondent: JEREMIAH BROWN, Warden | |
| Represented By: | Katherine M. Doersch |
| Represented By: | Eldad Malamuth |
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