Dallas Blankenship, III v. Elkhart County Sheriff
| DALLAS RAY BLANKENSHIP, III |
| ELKHART COUNTY SHERIFF, sued in his official capacity |
| 25-1663 |
| April 18, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Prison Condition |
Docket Report
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This docket was last retrieved on October 10, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 Filed letter from Appellant Dallas Ray Blankenship, III disputing filing fee. [9] [7480167] [25-1663] (CAH) [Entered: 10/10/2025 03:03 PM] |
| Filing 8 Pro se motion filed by Appellant Dallas Ray Blankenship, III to proceed on appeal in forma pauperis, per order. [8] [7471088] [25-1663] (CG) [Entered: 08/27/2025 01:55 PM] |
Filing 7
ORDER: On August 25, 2025, the clerk received the appellants overdue motion for leave to proceed on appeal in forma pauperis, which the court will construe as an implied request to recall the mandate. Construed as such, the request to recall the mandate is GRANTED. The final order dated June 18, 2025, is VACATED, the mandate is RECALLED, and this appeal is REINSTATED. The clerk shall file INSTANTER the appellants motion for leave to proceed on appeal in forma pauperis and transfer it to the district court for consideration in the first instance. The appellants Circuit Rule 3(c) docketing statement is due by September 10, 2025. CDH [7] [7471084] [25-1663] (CG) [Entered: 08/27/2025 01:49 PM]
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| FOR COURT USE ONLY: Certified copy of 08/27/2025 Final Order and Motion to proceed on appeal in forma pauperis sent to the District Court Clerk. [7471090-2] [7471090] [25-1663] (CG) [Entered: 08/27/2025 01:58 PM] |
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Filing 6
ORDER re: Letter. Which the court construes as a motion to recall the mandate. A review of the courts docket shows that on June 18, 2025, this appeal was dismissed pursuant to Circuit Rule 3(b). Accordingly, the request to recall the mandate is DENIED without prejudice to renewal in a motion that includes confirmation that the appellant either paid the $605.00 appellate filings fees or filed a motion for leave to proceed on appeal in forma pauperis in the district court. Any renewed motion is due by September 11, 2025. The clerk shall send the appellant an asset affidavit form and a copy of the courts public docket. A review of the district courts docket shows that on April 18, 2025, the appellant filed a notice of appeal. The appellant is reminded that this appeal is subject to the Prison Litigation Reform Act and therefore the filing of a notice of appeal triggers the obligation to pay the appropriate filing fees and voluntary dismissal does not relieve the appellant of the obligation to pay the appellate filing fees. See 28 U.S.C. 1915(b). [ # 5 ] [6] [7468416] CDH [25-1663] (HTP) [Entered: 08/12/2025 02:22 PM]
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| Filing 5 Filed letter from Appellant Dallas Ray Blankenship, III disputing the filing fee. [5] [7468033] [25-1663] (NHV) [Entered: 08/11/2025 02:50 PM] |
| Filing 4 IT IS ORDERED that this appeal is DISMISSED for failure to pay the required docketing fee pursuant to Circuit Rule 3(b). The appellant shall remit to the clerk of the district court the $605 appellate fees. Mandate issued, no record to be returned. The appellant has neither paid the $605 appellate fees nor filed a motion to proceed on appeal in forma pauperis in the district court.[4][7458362] [25-1663] (CAG) [Entered: 06/18/2025 09:52 AM] |
| FOR COURT USE ONLY: Certified copy of 06/18/2025 Final Order with Mandate sent to the District Court Clerk. [7458366-2] [7458366] [25-1663] (CAG) [Entered: 06/18/2025 09:56 AM] |
| Filing 3 Appearance form filed by Attorney Nicholas J. Gerstbauer for Appellee Elkhart County Sheriff. [3] [7448268] (L-No; E-Yes; R-No) [25-1663] (Gerstbauer, Nicholas) [Entered: 04/23/2025 12:06 PM] |
| Filing 2 Appearance form filed by Attorney Nathaniel M. Jordan for Appellee Elkhart County Sheriff. [2] [7448266] (L-Yes; E-Yes; R-Yes) [25-1663] [2] [7448266] [25-1663]--[Edited 04/23/2025 by HTP to reflect addition of counsel.] (Jordan, Nathaniel) [Entered: 04/23/2025 12:02 PM] |
| Filing 1 State prisoner's civil rights case docketed. IT IS ORDERED that this appeal is subject to the Prison Litigation Reform Act. Proceedings are SUSPENDED pending notification by the district court that any necessary fee has been assessed, and if assessed, paid. PLRA Fee due. Transcript information sheet due by 05/02/2025. Docketing Statement due for Appellant Dallas Ray Blankenship III by 04/25/2025. PLRA Fee/Motion/Memorandum due on 05/19/2025. [1] [7447883] [25-1663] (AD) [Entered: 04/21/2025 04:25 PM] |
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| Plaintiff: DALLAS RAY BLANKENSHIP, III | |
| Represented By: | Dallas Ray Blankenship III |
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| Defendant: ELKHART COUNTY SHERIFF, sued in his official capacity | |
| Represented By: | Nicholas James Gerstbauer |
| Represented By: | Nathaniel M. Jordan |
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