Joseph Novak v. Jeffery Thorne, et al
| JOSEPH ALBERT NOVAK |
| JEFFERY L. THORNE, RON HEEG, REBECCA FISCHER and MIKE BRAUN |
| 25-2167 |
| July 11, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Foreclosure |
Docket Report
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| Filing 21 Mandate issued. No record to be returned. [21] [7484283] [25-2167] (DAB) [Entered: 10/31/2025 10:59 AM] |
| FOR COURT USE ONLY: Certified copy of 10/02/2025 Final Order and Rehearing Denial with Mandate sent to the District Court Clerk. [7484285-2] [7484285] [25-2167] (DAB) [Entered: 10/31/2025 11:02 AM] |
Filing 20
ORDER: Appellant Joseph Albert Novak Petition for Rehearing and Petition for Rehearing En banc is DENIED. (See order for details.) [20] [7482511] [25-2167] (CG) [Entered: 10/23/2025 09:59 AM]
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| Filing 19 15 copies Filed Petition for Rehearing and Petition for Rehearing En banc by Appellant Joseph Albert Novak. DIST. [19] [7479674] [25-2167] (DAB) [Entered: 10/08/2025 03:52 PM] |
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Filing 18
ORDER: On consideration of the papers filed in this appeal and further review of the short record, the district courts judgment is SUMMARILY AFFIRMED. This court has determined that any issues that have been raised are insubstantial and that further briefing would not be helpful to the courts consideration of the issues. See United States v. Fortner, 455 F.3d 752, 754 (7th Cir. 2006). The district court correctly dismissed as frivolous appellants petition for a writ of mandamus or prohibition challenging a foreclosure judgment against him and seeking to enjoin law enforcement on the theory that he is a natural living man. See, e.g., United States v. Benabe, 654 F.3d 753, 767 (7th Cir. 2011). [18] [7478390] [25-2167] (AD) [Entered: 10/02/2025 10:04 AM]
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| Filing 17 Filed notice of default and estoppel by acquiescence by Appellant Joseph Albert Novak. (Forwarded from the District Court and copy of docket #16). [17] [7473259] [25-2167] (CAH) [Entered: 09/08/2025 11:54 AM] |
| Filing 16 Filed notice of default and estoppel by acquiescence by Appellant Joseph Albert Novak. [16] [7472683] [25-2167] (CAH) [Entered: 09/04/2025 03:41 PM] |
| Filing 15 Docketing Statement filed by Appellant Joseph Albert Novak. Prior or Related proceedings: No. [15] [7466018] [25-2167] (DAB) [Entered: 07/30/2025 03:16 PM] |
| Filing 14 Filed affidavit of status and jurisdictional challenge by Appellant Joseph Albert Novak. [14] [7465168] [25-2167] (CAG) [Entered: 07/25/2025 01:14 PM] |
| Filing 13 Pro se motion filed by Appellant Joseph Albert Novak to take judicial notice. [13] [7465167] [25-2167] (CAG) [Entered: 07/25/2025 01:12 PM] |
| Filing 12 Filed notice of conditional acceptance and opportunity to rebut by Appellant Joseph Albert Novak. [12] [7465165] [25-2167] (CAG) [Entered: 07/25/2025 01:11 PM] |
| Filing 11 Jurisdictional memorandum filed by Appellant Joseph Albert Novak. [11] [7465164] [25-2167] (CAG) [Entered: 07/25/2025 01:10 PM] |
| Filing 10 Pro se motion filed by Appellant Joseph Albert Novak to supplement the record on appeal. [10] [7465163] [25-2167] (CAG) [Entered: 07/25/2025 01:08 PM] |
| Filing 9 Docketing Statement filed by Appellant Joseph Albert Novak. Prior or Related proceedings: No. [9] [7464126] [25-2167] (CAH) [Entered: 07/21/2025 04:04 PM] |
| Filing 8 Filed Seventh Circuit Transcript Information Sheet by Appellant Joseph Albert Novak. [8] [7463739] [25-2167] (DAB) [Entered: 07/18/2025 04:32 PM] |
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Filing 7
ORDER re: Docketing Statement. To the extent that the appellant would like his filing to serve as his Circuit Rule 3(c) docketing statement, the request is DENIED because the filing does not comply with the court's rules. The deadline for the appellant to file his Circuit Rule 3(c) docketing statement is extended to August 1, 2025. The clerk shall send the appellant this courts instructions for preparing a docketing statement so the appellant may familiarize himself with the information that must be included in a Circuit Rule 3(c) docketing statement. In his docketing statement, the appellant should attempt to provide the information listed in the Pro Se Instructions, particularly the date of the district court judgment or order being challenged in this appeal. [ # 2 ] CDH [7] [7463612] [25-2167] (HTP) [Entered: 07/18/2025 11:33 AM]
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| Filing 6 Filed notice from the District Court that the appeal docketing fee was received. [6] [7463037] [25-2167] (CAG) [Entered: 07/15/2025 01:19 PM] |
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Filing 5
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 April 21, 2025. On April 23, 2025, appellant moved for a preliminary injunction, and the district court denied that motion on May 2, 2025. Then, on June 5, 2025, appellant moved to reopen the case. Because this motion was filed more than 28 days after the judgment, it did not suspend the time to appeal the judgment. See Fed. R. App. P. 4(a)(4); Banks v. Chicago Bd. of Educ., 750 F.3d 663, 666 (7th Cir. 2014). The notice of appeal was then filed on July 7, 2025, at least 5 days late, even if appellants motion for a preliminary injunction were construed as a motion to alter the judgment, see Fed. R. Civ. P. 59. 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, IT IS ORDERED that appellant shall file, on or before July 25, 2025, a brief memorandum stating why this appeal should not be LIMITED to review of the June 5, 2025, order denying the motion to reopen. Because a preliminary review suggests that any appeal of that June 5, 2025, order may be frivolous, the memorandum must also explain why that order should not be summarily affirmed. Briefing is SUSPENDED pending further court order. JXK [5] [5] [7462480] [25-2167] (JMB) [Entered: 07/11/2025 02:17 PM]
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Filing 4
ORDER: Check in the amount of $605.00. The clerk of this court shall send the CHECK to the clerk of the district court. [4] [7462471] CC [25-2167] (CAG) [Entered: 07/11/2025 01:04 PM]
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| Filing 3 This is notification that no appellee(s) or counsel for the appellee(s) were served in the District Court. [3] [7462368] [25-2167] (HTP) [Entered: 07/11/2025 10:10 AM] |
| Filing 2 Filed Docketing Statement by Appellant Joseph Albert Novak. [2] [7462367] [25-2167] (HTP) [Entered: 07/11/2025 10:09 AM] |
| Filing 1 Private civil case docketed. Fee due. Docketing Statement due for Appellant Joseph Albert Novak by 07/14/2025. Transcript information sheet due by 07/25/2025. Fee or IFP forms due on 07/25/2025 for Appellant Joseph Albert Novak. [1] [7462365] [25-2167] (HTP) [Entered: 07/11/2025 09:58 AM] |
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