Michael Hale v. Centurion Health of Indiana, LLC, et al
| MICHAEL HALE |
| CENTURION HEALTH OF INDIANA, LLC, JASON CARTER, SHANNON MCCORD and MYKENZIE DODD |
| 25-1758 |
| May 2, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Prison Condition |
Docket Report
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| Filing 12 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Joshua R. Taylor for Appellees Centurion Health of Indiana, LLC, Jason Carter, Shannon McCord and Mykenzie Dodd. [12] [7481352] (L-Yes; E-Yes; R-Yes) [25-1758]--[Docket updated 10/17/2025 by JR to substitute Attorney Joshua R. Taylor for Attorney Travis Wayne Montgomery.] (Taylor, Joshua) [Entered: 10/17/2025 11:34 AM] |
Filing 11
ORDER re: Motion requesting reinstatement of notice of appeal and motion requesting recruiting counsel. This appeal is subject to the Prison Litigation Reform Act and therefore all proceedings are suspended pending the assessment and payment of any necessary fees. See Newlin v. Helman, 123 F.3d 429, 434 (7th Cir. 1997). A review of the docket indicates that the appellant's fee status has not yet been determined. Specifically, the appellants motion for leave to proceed on appeal in forma pauperis remains pending before the district court. Accordingly, to the extent that the appellant seeks appointment of counsel, the motion is DENIED without court action, pursuant to the courts fee notice and order dated May 2, 2025. The clerk will send the appellant a copy of the courts public docket. [ # 10 ] [ # 10 ] [11] [7481328] CDH [25-1758] (HTP) [Entered: 10/17/2025 10:29 AM]
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| Filing 10 Pro se motion filed by Appellant Michael Hale for reinstatement of notice of appeal and for appointment of counsel. [10] [7480646] [25-1758] (CAH) [Entered: 10/15/2025 09:24 AM] |
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Filing 9
ORDER re: Motion to dismiss notice of appeal pursuant to Rule 42(b) and dismiss filing fees. [ # 8 ]; Federal Rule of Appellate Procedure 42(b) allows an appellant to voluntarily dismiss his appeal. However, 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). Because it appears that the appellant would like to be relieved of the obligation to pay the appellate fees, the motion is DENIED without prejudice to renewal. Should the appellant decide that he does not want to proceed with this appeal, he may file a renewed motion that complies with Federal Rule of Appellate Procedure 42(b). Any such motion is due by November 3, 2025. [9] [7478694] CDH [25-1758] (CG) [Entered: 10/03/2025 11:15 AM]
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| Filing 8 Pro se motion filed by Appellant Michael Hale in 25-1758, 25-1757 to dismiss case pursuant to FRAP 42(b). [8] [7478273] [25-1758, 25-1757] (DAB) [Entered: 10/01/2025 03:36 PM] |
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Filing 7
ORDER re: 1. Motion for extension of time to file appellant brief and motion requesting order from court. 2. Motion to withdraw appeal. [ # 6 ]; [ # 5 ] This appeal is subject to the Prison Litigation Reform Act and therefore all proceedings are suspended pending the assessment and payment of any necessary fees. See Newlin v. Helman, 123 F.3d 429, 434 (7th Cir. 1997). A review of the docket indicates that the appellant's fee status has not yet been determined. Specifically, the appellants motion for leave to proceed on appeal in forma pauperis remains pending before the district court. Because the appellants fee status has not yet been determined, the court has not set a briefing schedule. Accordingly, to the extent that the appellant seeks an extension of time to file his opening brief, the motion is DENIED without prejudice to renewal should this appeal proceed to briefing. 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 and voluntary dismissal does not relieve the appellant of the obligation to pay the appellate filing fees. See 28 U.S.C. 1915(b). Because the appellants motion does not make clear that he seeks to voluntarily dismiss his appeal, the motion to withdraw appeal is DENIED without prejudice to renewal. Should the appellant decide that he does not want to proceed with this appeal, he may file a renewed motion that complies with Federal Rule of Appellate Procedure 42(b). Any such motion is due by July 31, 2025. [7] [7460476] CDH [25-1758] (CG) [Entered: 07/01/2025 10:50 AM]
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| Filing 6 Pro se motion filed by Appellant Michael Hale to withdraw appeal. (Forwarded from the District Court). [6] [7460191] [25-1758] (CAH) [Entered: 06/30/2025 10:48 AM] |
| Filing 5 Pro se motion filed by Appellant Michael Hale to extend time to file appellant's brief and motion requesting order from court. (Forwarded from the District Court). [5] [7460188] [25-1758] (CAH) [Entered: 06/30/2025 10:42 AM] |
| Filing 4 Filed district court order dated 06/30/2025: Plaintiff's motion for an extension of time to file a notice of appeal is granted. The motion for certificate of appealability is denied as unnecessary. The motions for extension of time to file an appellant brief and to withdraw the notice of appeal are denied as filed in the wrong court. Plaintiff's motions to proceed on appeal in forma pauperis are denied as presented. Plaintiff's motion requesting order from the Court is granted. The Court orders Miami Correctional Facility to provide a certified copy of Michael Hale's trust account statement by August 1, 2025. [4] [7460187] [25-1758]--[Edited 06/30/2025 by CAH to reflect correct District Court language] (CAH) [Entered: 06/30/2025 10:40 AM] |
| Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Travis W. Montgomery for Appellees Jason Carter, Centurion Health of Indiana, LLC, Mykenzie Dodd and Shannon McCord. [3] [7451101] (L-Yes; E-Yes; R-Yes) [25-1758] (Crandall, Jeb) [Entered: 05/08/2025 08:54 AM] |
| Filing 2 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jeb A. Crandall for Appellees Centurion Health of Indiana, LLC, Jason Carter, Shannon McCord and Mykenzie Dodd. [2] [7451100] (L-Yes; E-Yes; R-No) [25-1758]--[Edited 05/08/2025 by FP to reflect that atty. Crandall is added to the docket.] (Crandall, Jeb) [Entered: 05/08/2025 08:53 AM] |
| 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 IFP pending in the District Court. Docketing statement filed. Transcript information sheet due by 05/16/2025. [1] [7450165] [25-1758] (JMB) [Entered: 05/02/2025 03:19 PM] |
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