James Smith, Jr. v. Gwendolyn Horth, et al
| JAMES SMITH, JR. |
| GWENDOLYN M. HORTH, THOR R. MILLER, CHARLES F. MILLER, JAMES W. SHAFFER and FREDERICK A. MEDLEY |
| 25-2196 |
| July 15, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Prisoner Petitions-Mandamus/Other |
Docket Report
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| Filing 23 10 copies appellant's brief filed by Appellant James Smith, Jr.. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, and should be made by no later than seven days after the filing of the appellee's brief. See Cir. R. 34(b)(3), (4). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [23] [7489899] [25-2196] (EF) [Entered: 12/01/2025 04:07 PM] |
Filing 22
ORDER: This court received notice from the District Court that the appellant paid the required docketing fee. Briefing will proceed as follows: Appellant's brief due on or before 12/04/2025 for James Smith Jr. [22] [7485131] [25-2196] (CAH) [Entered: 11/04/2025 03:30 PM]
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| Filing 21 Filed notice from the District Court that the $605.00 appeal docketing fee was received. [21] [7485127] [25-2196] (CAH) [Entered: 11/04/2025 03:29 PM] |
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Filing 20
ORDER: 1. Motion requesting counsel, filed on 8/1/2025. 2. Motion to sanctions based on bad faith litigation conduct, filed on 10/16/2025. 3. Motion requesting counsel, filed on 10/16/2025. 4. Affidavit accompanying motion for permission to appeal in forma pauperis, filed on 10/17/2025. 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 the 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). Further, the motion for recruitment of counsel is DENIED. See Pruitt v. Mote, 503 F.3d 647 (7th Cir. 2007) (en banc); Farmer v. Haas, 990 F.2d 319, 321 (7th Cir. 1993). If this appeal proceeds to briefing, the panel assigned to decide this case may recruit counsel if it finds that step appropriate after reviewing the briefs. Finally, the motion for sanctions is DENIED. [ # 17 ] [ # 6 ] [ # 19 ] [ # 14 ] Sent Certified Mail. Receipt Number: 9589 0710 5270 1455 1956 76. VXK [20] [7482117] [25-2196] (FP) [Entered: 10/21/2025 03:35 PM]
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| Filing 19 Pro se motion filed by Appellant James Smith, Jr. to proceed on appeal in forma pauperis. [19] [7481916] [25-2196] (NHV) [Entered: 10/21/2025 08:26 AM] |
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Filing 18
ORDER re: 1. Memorandum challenging NCCF decision. 2. Motion under rule 59(a)(2). 3. Motion to correct error. 4. 60(b) motion. 5. Statements on genuine dispute of material fact and additional material facts. To the extent that the appellant seeks to correct the record on appeal, he should file the appropriate motion in the district court. Circuit Rule 10(b). The appellant is reminded that the district court no longer transmits the record on appeal to this court. Because the record is electronic, it is available for this courts use without the need for transmission of a physical record. The court will have electronic access to the complete record on appeal when it considers the merits of this appeal. Further, should this appeal proceed to briefing, the appellant may make any arguments he believes have merit in his opening brief. The clerk will send the appellant a copy of this courts brief information sheet for pro se litigants so that the appellant may familiarize himself with the courts expectations for briefs. This court will not rule on the appellants motion for appointment of counsel or set a briefing schedule until the appellants fee status has been resolved. Accordingly, the appellants motions will be filed without further court action. CDH [18] [7481429] [25-2196] (HTP) [Entered: 10/17/2025 02:19 PM]
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| Filing 17 Pro se motion filed by Appellant James Smith, Jr. for appointment of counsel. [17] [7481240] [25-2196] (DAB) [Entered: 10/16/2025 02:53 PM] |
| Filing 16 Filed Statements on genuine dispute of material fact by Appellant James Smith, Jr. [16][7481238] [25-2196] (DAB) [Entered: 10/16/2025 02:52 PM] |
| Filing 15 Pro se motion filed by Appellant James Smith, Jr. 60(b) . [15] [7481234] [25-2196] (DAB) [Entered: 10/16/2025 02:49 PM] |
| Filing 14 Pro se motion filed by Appellant James Smith, Jr. for sanctions. [14] [7481226] [25-2196] (DAB) [Entered: 10/16/2025 02:31 PM] |
| Filing 13 Pro se motion filed by Appellant James Smith, Jr. to correct error. [13] [7481224] [25-2196] (DAB) [Entered: 10/16/2025 02:30 PM] |
| Filing 12 Pro se motion filed by Appellant James Smith, Jr. under rule 59(a)(2). [12] [7481223] [25-2196] (DAB) [Entered: 10/16/2025 02:29 PM] |
| Filing 11 Filed Appellant James Smith, Jr. memorandum challenging NCCF Decision. [11] [7481222] [25-2196] (DAB) [Entered: 10/16/2025 02:28 PM] |
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Filing 10
ORDER: In light of the district courts September 15, 2025, order denying appellants motion for reconsideration, IT IS ORDERED that this appeal will proceed to a determination of appellants fee status. JXK [7476322] [25-2196] (JMB) [Entered: 09/22/2025 02:45 PM]
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| Filing 9 Filed District Court order dated 09/15/2025. Mr. Smith's motion to correct or modify the record, dkt.[65], is denied. Mr. Smith's motion for court assistance, dkt.[66], is denied. Mr. Smith's motion for reconsideration, dkt. [59], is denied. Mr. Smith's motion to proceed on appeal in forma pauperis, dkt. [61], is denied. Issued Circuit Rule 3(b) 30 day notice for failure to pay the docketing fee. Fee or IFP forms due on 10/15/2025 for Appellant James Smith Jr. [7474880] [9] [7474880] [25-2196] (JR) [Entered: 09/15/2025 12:01 PM] |
| Filing 8 Pro se motion filed by Appellant James Smith, Jr. for status report. [8] [7469912] [25-2196] (DAB) [Entered: 08/20/2025 03:32 PM] |
| Filing 7 Jurisdictional memorandum filed by Appellant James Smith, Jr. [7] [7466502] [25-2196] (CAG) [Entered: 08/01/2025 03:31 PM] |
| Filing 6 Pro se motion filed by Appellant James Smith, Jr. for appointment of counsel. [6] [7466501] [25-2196] (CAG) [Entered: 08/01/2025 03:30 PM] |
| Filing 5 Docketing Statement filed by Appellant James Smith, Jr.. Prior or Related proceedings: No. [5] [7466500] [25-2196] (CAG) [Entered: 08/01/2025 03:29 PM] |
| Filing 4 Filed letter from Appellant James Smith, Jr.. [4] [7466499] [25-2196] (CAG) [Entered: 08/01/2025 03:28 PM] |
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Filing 3
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 Procedure is 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 addressing court final judgment on July 14, 2025, within 28 days of entry of judgment on June 27, 2025. This may be a timely Rule 59 motion. See Carlson v. CSX Transp., Inc., 758 F.3d 819, 82526 (7th Cir. 2014). As such, it 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, proceedings in this appeal are SUSPENDED pending the district court's resolution of the motion. If a party contends that this appeal should not be suspended, then that party should file a brief memorandum on or before July 30, 2025, stating why suspension is not appropriate. The appellant shall file a status report within seven days of a ruling on the motion, or on or shortly before August 18, 2025 if no order has yet issued. JXK [3] [3] [7463279] [25-2196] (CG) [Entered: 07/16/2025 02:13 PM]
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| Filing 2 This is notification that no appellee(s) or counsel for the appellee(s) were served in the District Court. [2] [7463229] [25-2196] (HTP) [Entered: 07/16/2025 11:23 AM] |
| Filing 1 Private civil case docketed. IFP pending in the District Court. Docketing Statement due for Appellant James Smith Jr. by 07/21/2025. Transcript information sheet due by 07/29/2025. [1] [7463226] [25-2196] (HTP) [Entered: 07/16/2025 11:13 AM] |
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