Israel Montemayor v. Frank Bisignano
| ISRAEL MONTEMAYOR |
| SOCIAL SECURITY DISABILITY and FRANK BISIGNANO, Commissioner of Social Security |
| 25-1710 |
| April 25, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| S.S.I.D. |
Docket Report
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Filing 24
ORDER: This cause is DISMISSED pursuant to Circuit Rule 3(b). Mandate issued, no record to be returned. [24] [7470250] [25-1710] (AD) [Entered: 08/22/2025 10:10 AM]
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| FOR COURT USE ONLY: Certified copy of 08/22/2025 Final Order with Mandate sent to the District Court Clerk. [7470252-2] [7470252] [25-1710] (AD) [Entered: 08/22/2025 10:17 AM] |
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Filing 23
ORDER re: 1. Motion to proceed on appeal in forma pauperis. [ # 21 ] 2. Objection to Judge Harjani's bad faith claims upon appeal. IT IS ORDERED that the motion for leave to proceed on appeal in forma pauperis is DENIED. The appellant has not made a potentially meritorious argument that the district court erred in dismissing his complaint. Appellant shall pay the required docketing fee within 14 days, or else this appeal will be dismissed for failure to prosecute pursuant to Circuit Rule 3(b). NLJ [23] [7466094] [25-1710] (JMB) [Entered: 07/31/2025 09:19 AM]
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| Filing 22 Filed Objection by Appellant Israel Montemayor to NDIL Judge Harjani's bad faith claims upon appeal. [22][7461399] [25-1710] (CAG) [Entered: 07/07/2025 04:26 PM] |
| Filing 21 Pro se motion filed by Appellant Israel Montemayor to proceed on appeal in forma pauperis. [21] [7461398] [25-1710] (CAG) [Entered: 07/07/2025 04:24 PM] |
| Filing 20 Supplemental appendix to the docketing statement filed by Appellant Israel Montemayor.[20] [7454188] [25-1710] (CAH) [Entered: 05/23/2025 03:58 PM] |
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Filing 19
ORDER re: Judicial notice of adjudicative facts. The jurisdictional questions at issue in this courts April 25 order are resolved, and proceedings are no longer suspended. This case is proceeding to a determination of appellants fee status. Per the courts May 20 order, appellant has until July 9, 2025, to either pay the $605.00 appellate filing fees in the district court or file a motion for leave to proceed on appeal in forma pauperis with the clerk of this court. NLJ [19] [7453746] [25-1710] (HTP) [Entered: 05/21/2025 04:16 PM]
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Filing 18
ORDER re: Motion for continuance. [ # 15 ] To the extent that the appellant seeks an extension of time, the motion is GRANTED only to the extent that the appellant shall either pay the $605.00 appellate filing fees in the district court or file a motion for leave to proceed on appeal in forma pauperis with the clerk of this court by July 9, 2025. The clerk will send the appellant an asset affidavit form. Failure to comply with this order may result in the dismissal of this appeal. CDH [18] [7453446] [25-1710] (PS) [Entered: 05/20/2025 02:35 PM]
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| Filing 17 Filed Judicial Notice of adjudicative facts by Appellant Israel Montemayor. [17] [7453261] [25-1710] (EF) [Entered: 05/19/2025 04:46 PM] |
| Filing 16 Manual Filing Notification by Appellant Israel Montemayor. [16] [7453259] [25-1710] (EF) [Entered: 05/19/2025 04:44 PM] |
| Filing 15 Pro se motion filed by Appellant Israel Montemayor to extend time to file. [15] [7453257] [25-1710] (EF) [Entered: 05/19/2025 04:43 PM] |
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Filing 14
ORDER re: 1. Qualified protective order. 2. Brief memorandum, status update, objection to 5/7/2025 order; and motion for leave of court to allow a HIPAA qualified protective order for this SSA appeal under 42 U.S.C. 405(g). [ # 12 ] [ # 13 ] To the extent appellant seeks reconsideration of the courts order of May 7, 2025, this request is DENIED. To the extent appellant seeks additional relief, his other requests are also DENIED. Appellant is warned that any future frivolous or vexatious motions could result in the imposition of sanctions. NLJ [14] [7452428] [25-1710] (PS) [Entered: 05/14/2025 05:01 PM]
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| Filing 13 Filed Appellant Israel Montemayor's "Brief Memorandum, Status Update, Objection to 5/7/25 Order; and Motion Leave of Court to allow a HIPAA Qualified Protective Order for this SSA appeal under '42 U.S.C. 405(g)'." [13] [7451881] [25-1710]--[Description updated 05/13/2025 by JR.] (CAG) [Entered: 05/13/2025 09:03 AM] |
| Filing 12 Filed qualified protective order letter from Appellant Israel Montemayor regarding qualified protective order . [12] [7451878] [25-1710]--[Edited 05/13/2025 by PS] (CAG) [Entered: 05/13/2025 09:02 AM] |
| Filing 11 Filed Judicial notice of adjudicative facts by Appellant Israel Montemayor. [11] [7451472] [25-1710] (DAB) [Entered: 05/09/2025 01:50 PM] |
| Filing 10 Filed District Court order dated 05/05/2025. The Court denies Plaintiffs motion for relief from a judgment or order [76] and motion for permission to appeal in forma pauperis [84]. Plaintiffs motion for an extension of time to appeal [75] is denied as moot as Plaintiff has already timely filed a notice of appeal. (See order for further details.) Date IFP denied: 05/05/2025. Issued Circuit Rule 3(b) 30 day notice for failure to pay the docketing fee. Fee or IFP forms due on 06/09/2025 for Appellant Israel Montemayor. [7451205] [10] [7451205] [25-1710]--[Text updated 05/13/2025 by JR.] (CG) [Entered: 05/08/2025 12:41 PM] |
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Filing 9
ORDER re: Motion to become an electronic filer, to stay appeal and Social Security Administrations ALJ judgment pending U.S. Supreme Court review, and to allow this case to remain under seal or under a HIPAA qualified protective order. [ # 8 ] The motion is DENIED. To the extent that the appellant seeks a stay of the 2022 judgment regarding his social security benefits, this request is outside the scope of this appeal. And to the extent the appellant requests to seal this appeal, he has provided no basis for doing so. See Baxter Intl v. Abbott Labs. , 297 F.3d 544, 546-47 (7th Cir. 2002). The appellant should refrain from filing any unnecessary sensitive information. If it is necessary to file documents containing information such as birthdates or social security numbers, the appellant may redact that information, and for any other sensitive information, he may file an appropriate motion to seal, with authority in support. Finally, because the appellant has not provided any basis for anonymity, the caption will be updated to reflect his full name. This case will proceed to a determination of fee status. NLJ [7450984] [25-1710] (PS) [Entered: 05/07/2025 02:02 PM]
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| Filing 8 Pro se motion filed by Appellant I.M. to become an electronic filer, to stay this case appeal, to allow this case to remain under seal. [8] [7450669] [25-1710] (DAB) [Entered: 05/06/2025 11:28 AM] |
| Filing 7 Notification from the District Court that a motion to proceed on appeal in forma pauperis is pending. [7] [7449251] [25-1710] (AP) [Entered: 04/29/2025 10:00 AM] |
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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] [7448977] [25-1710] (CG) [Entered: 04/28/2025 10:26 AM]
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Filing 5
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 Procedureor a motion for relief under Rule 60 filed within the time allowed for filing a motion under Rule 59is 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 a motion for relief from the judgment under Rule 60(b) on March 19, 2025, within 28 days of entry of judgment on February 26, 2025. That motion appears to render this appeal 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, IT IS ORDERED that proceedings in this appeal are SUSPENDED pending the district court's resolution of the motion for relief from the judgment. If a party contends that this appeal should not be suspended, then that party should file a brief memorandum on or before May 9, 2025, stating why suspension is not appropriate. IT IS FURTHER ORDERED that appellant shall file a status report within seven days of a ruling on the motion for reconsideration, or on or shortly before May 27, 2025 if no order has yet issued. JXK [5] [5] [7448807] [25-1710] (JMB) [Entered: 04/25/2025 02:32 PM]
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| Filing 4 Docketing Statement filed by Appellant I.M.. Prior or Related proceedings: Yes. 24-2150. Appendix attached. [4] [7448766] [25-1710] (JMB) [Entered: 04/25/2025 12:13 PM] |
| Filing 3 Filed Seventh Circuit Transcript Information Sheet by Appellant I.M. [3] [7448762] [25-1710] (JMB) [Entered: 04/25/2025 12:08 PM] |
| Filing 2 Prose motion filed by Appellant I.M. to proceed on appeal in forma pauperis. [2] [7448759] [25-1710] (JMB) [Entered: 04/25/2025 12:07 PM] |
| Filing 1 U.S. civil case docketed. Fee due. Docketing Statement due for Appellant I.M. by 04/30/2025. Transcript information sheet due by 05/09/2025. Fee or IFP forms due on 05/09/2025 for Appellant I.M. [1] [7448753] [25-1710] (JMB) [Entered: 04/25/2025 11:49 AM] |
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