Andre Winston v. Elizabeth Schmidt, et al
| ANDRE WINSTON |
| ELIZABETH SCHMIDT, TDF Staff, SHAN JUMPER, B.C. Member and Clinical Director, GERALD CARREON, B.C. Member and Team Leader and JOHN & JANE DOES |
| 25-1444 |
| March 18, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Prisoner Petitions-Cv Detainee |
Docket Report
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Filing 9
ORDER re: Motion to dismiss appeal. [ # 8 ] This cause is DISMISSED pursuant to F.R.A.P. 42(b). Mandate issued, no record to be returned. [9][7459401] [25-1444] (PS) [Entered: 06/24/2025 03:23 PM]
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| FOR COURT USE ONLY: Certified copy of 06/24/2025 Final Order with Mandate sent to the District Court Clerk. [7459421-2] [7459421] [25-1444] (PS) [Entered: 06/24/2025 04:15 PM] |
| Filing 8 Pro se motion filed by Appellant Andre Winston to dismiss case pursuant to FRAP 42(b). [8] [7458792] [25-1444] (CAG) [Entered: 06/20/2025 03:58 PM] |
| Filing 7 Filed District Court order dated 06/11/2025. Plaintiff's Motion to Set Aside the Judgment [29] is GRANTED. See Fed. R. Civ. P. 59(e). The judgment entered February 25, 2025, is VACATED. The Court finds that Plaintiff's amended complaint [27] states a Fourteenth Amendment due process claim against Defendants Jumper, Carreon, and John and Jane Does in their individual capacities for the alleged failures to consider exculpatory evidence and sufficiently explain the basis of their decision. The Court will reopen this case and attempt service of these defendants once the Seventh Circuit resolves any issues remaining in Plaintiff's appeal. Plaintiff's motions [30][36][37] advising the Court that he has filed a notice of appeal and requesting a status of his motion to vacate judgment are DENIED as moot. Because judgment is this case has been vacated, Plaintiff's Motion for Leave to Appeal in forma pauperis [33] is DENIED as moot. District Court order DENYING Appellant Andre Winston leave to proceed on appeal in forma pauperis. Date IFP denied: 06/11/2025. Issued Circuit Rule 3(b) 30 day notice for failure to pay the docketing fee. Fee or IFP forms due on 07/11/2025 for Appellant Andre Winston. Forwarded to JXK. [7] [7457293] [25-1444] [7457293] [7] [7457293] [25-1444]--[Edited 06/11/2025 by AP] (AP) [Entered: 06/11/2025 03:16 PM] |
| Filing 6 Filed judicial notice by Appellant Andre Winston. [6] [7451877] [25-1444] (CAG) [Entered: 05/13/2025 09:01 AM] |
| Filing 5 Filed Status Report by Appellant Andre Winston to 04/29/2025 order. [5][7450636] [25-1444] (NHV) [Entered: 05/06/2025 10:52 AM] |
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Filing 4
ORDER: Appellant shall file a status report regarding his motions to set aside the judgment within seven days of a ruling on the motions, or on or shortly before June 30, 2025, if no order has yet issued. JXK. [4] [7449334] [25-1444] (HTP) [Entered: 04/29/2025 12:37 PM]
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Filing 3
ORDER: A preliminary review of the short record suggests that the order appealed from may not yet be a final decision 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 motions to set aside the judgment on March 4, 2025, and March 18, 2025, within 28 days of entry of judgment on February 25, 2025. Either of these motions may be a timely Rule 59 motion. See Carlson v. CSX Transp., Inc., 758 F.3d 819, 82526 (7th Cir. 2014). As such, these motions appear to render this appeal premature, because the district court has not yet disposed of the motions 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 to set aside the judgment. If a party contends that this appeal should not be suspended, then that party should file a brief memorandum on or before April 2, 2025, stating why suspension is not appropriate. Further, appellant shall file a status report within seven days of a ruling on the motions to set aside the judgment, or on or shortly before April 21, 2025, if no order has yet issued. [3] JXK [3] [7441240] [25-1444] (AD) [Entered: 03/19/2025 10:09 AM]
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| Filing 2 This is notification that no appellee(s) or counsel for the appellee(s) were served in the District Court. (Note: The Office of the IL Attorney General has been notified of the filing of the appeal.) [2] [7441133] [25-1444] (JMB) [Entered: 03/18/2025 03:24 PM] |
| Filing 1 Private civil case docketed. IFP pending in the District Court. Docketing Statement due for Appellant Andre Winston by 03/25/2025. Transcript information sheet due by 04/01/2025. [1] [7441126] [25-1444] (JMB) [Entered: 03/18/2025 03:19 PM] |
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