Lawrence McFarland v. Sergeant Wilborn, et al
| LAWRENCE MCFARLAND |
| SERGEANT WILBORN, SERGEANT CARROL, WELLPATH, LLC, MILWAUKEE COUNTY SHERIFF'S DEPARTMENT, CORRECTIONAL OFFICER PYION, CORRECTIONAL OFFICER THOMPSON and JOHN DOE |
| 25-2012 |
| June 11, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Prison Condition |
Docket Report
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| Filing 15 Mandate issued. No record to be returned. [15] [7485789] [25-2012] (NHV) [Entered: 11/07/2025 08:57 AM] |
| FOR COURT USE ONLY: Certified copy of 10/16/2025 Final Order with Mandate sent to the District Court Clerk. [7485796-2] [7485796] [25-2012] (NHV) [Entered: 11/07/2025 09:09 AM] |
Filing 14
ORDER: This appeal is DISMISSED for lack of jurisdiction. (See order for details) . Ilana Diamond Rovner, Circuit Judge; David F. Hamilton, Circuit Judge and Amy J. St. Eve, Circuit Judge. [14] [7481015] [25-2012] (AP) [Entered: 10/16/2025 09:43 AM]
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Filing 13
ORDER: Appellant Lawrence McFarland 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 Lawrence McFarland by 09/30/2025. Sent Certified Mail. Receipt Number: 9589 0710 5270 1455 1942 59. [13] [7475128] [25-2012] (PS) [Entered: 09/16/2025 10:49 AM]
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Filing 12
ORDER re: Letter regarding mail. To the extent that the appellant seeks an extension of time, the appellant shall file, on or before August 19, 2025, both his response to the courts order dated June 18, 2025, and his Circuit Rule 3(c) docketing statement. Failure to comply with this order may result in the dismissal of this appeal. The clerk will send the appellant a copy of the courts order dated June 18, 2025, and the courts public docket. Sent Certified Mail. Receipt Number: 7022 0410 0003 3396 3441. CDH [12] [7467082] [25-2012] (CG) [Entered: 08/05/2025 03:29 PM]
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| Filing 11 Filed letter from Appellant Lawrence McFarland regarding mail. [11] [7466808] [25-2012] (DAB) [Entered: 08/04/2025 04:10 PM] |
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Filing 10
ORDER re: Letter. To the extent that the appellant seeks an extension of time, IT IS ORDERED that the deadline for the appellant to file his Circuit Rule 3(c) docketing statement is extended to July 29, 2025. The clerk will send the appellant a copy of the courts public docket. CDH [10] [7463010] [25-2012] (JMB) [Entered: 07/15/2025 12:26 PM]
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| Filing 9 Filed letter from Appellant Lawrence McFarland regarding mail. [9] [7462790] [25-2012] (CAH) [Entered: 07/14/2025 03:54 PM] |
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Filing 8
ORDER: The court, on its own motion, orders appellant to show cause for his failure to respond to the court's order of June 18, 2025. Appellant shall file a response on or before July 24, 2025. Appellant is advised that failure to respond may result in the dismissal of this appeal. The clerk of this court shall attach a copy of the June 18, 2025, order to appellant's copy of this order. Sent Certified Mail. Receipt Number: 9589 0710 5270 0423 8786 27. JXK [8] [7462278] [25-2012] (JMB) [Entered: 07/10/2025 02:33 PM]
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Filing 7
ORDER: Appellant Lawrence McFarland 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 Lawrence McFarland by 07/10/2025. Sent Certified Mail. Receipt Number: 9589 0710 5270 1455 1981 72. [7] [7459772] [25-2012] (AD) [Entered: 06/26/2025 11:05 AM]
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Filing 6
ORDER re: Affidavit accompanying motion for permission to appeal in forma pauperis. This courts docket reflects that on June 17, 2025, the district court GRANTED the appellants motion for leave to proceed on appeal in forma pauperis and waived the initial partial filing fee. Accordingly, the motion is DENIED as unnecessary. CDH [6] [7459751] [25-2012] (CG) [Entered: 06/26/2025 10:43 AM]
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| Filing 5 Pro se motion filed by Appellant Lawrence McFarland to proceed on appeal in forma pauperis. [5] [7459657] [25-2012] (CAH) [Entered: 06/25/2025 03:00 PM] |
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Filing 4
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 May 6, 2025, and the notice of appeal was filed on June 11, 2025, and postmarked on June 9, 2025, four days late. The district court has not granted an extension of the appeal period, see Fed. R. App. P. 4(a)(5), and this court is not empowered to do so, see Fed. R. App. P. 26(b). Accordingly, appellant shall file, on or before July 2, 2025, a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. The memorandum should also address whether appellants complaint, filed on May 27, 2025, may be construed as a timely notice of appeal, see Smith v. Barry, 502 U.S. 244, 248 (1992), or a timely motion to alter or amend the judgment, see Fed. R. Civ. P. 59; Carlson v. CSX Transp., Inc., 758 F.3d 819, 82526 (7th Cir. 2014). A motion for voluntary dismissal under Rule 42(b) of the Federal Rules of Appellate Procedure will satisfy this requirement. Briefing is SUSPENDED pending further court order. If appellant wishes to request an extension of time in which to file the notice of appeal, appellant should file an appropriate motion in the district court, not this court, as soon as possible. Appellants jurisdictional memorandum should include a discussion of the status of any such motion. IN THE ALTERNATIVE, appellant may file a notarized statement or declaration (in compliance with 28 U.S.C. 1746) setting forth the date the notice of appeal was deposited in the prisons internal mail system and stating whether first class postage was prepaid. See Fed. R. App. P. 4(c). Appellants notarized statement or sworn declaration shall be filed on or before July 2, 2025. [7458418] JXK [4] [4] [7458418] [25-2012] (AD) [Entered: 06/18/2025 11:37 AM]
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| Filing 3 Filed District Court order GRANTING Appellant Lawrence McFarland leave to proceed on appeal in forma pauperis. Date IFP granted: 06/17/2025. The initial partial filing fee is WAIVED. [3] [7458273] [25-2012] (CAG) [Entered: 06/17/2025 03:23 PM] |
| Filing 2 This is notification that no appellee(s) or counsel for the appellee(s) were served in the District Court. [2] [7457505] [25-2012] (AD) [Entered: 06/12/2025 01:38 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 IFP pending in the District Court. Transcript information sheet due by 06/25/2025. Docketing Statement due for Appellant Lawrence McFarland by 06/18/2025. [1] [7457500] [25-2012] (AD) [Entered: 06/12/2025 01:24 PM] |
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