Terry Rutledge v. Aaron Smith, et al
| TERRY D. RUTLEDGE |
| AARON SMITH, Deputy Warden, MARIO RODRIGUEZ, Correctional Sergeant, JOSHUA SNOW, Lieutenant, Internal Affairs Investigator, P.C. Committee Member, BAILI C. APPLETON, KATINA MURRAY and LORNA HARBAUGH |
| 25-2775 |
| October 7, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Prison Condition |
Docket Report
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| Filing 19 Mandate issued. No record to be returned. [19] [7515245] [25-2775] (CAH) [Entered: 04/03/2026 09:43 AM] |
| FOR COURT USE ONLY: Certified copy of 03/12/2026 Final Order with Mandate sent to the District Court Clerk. [7515249-2] [7515249] [25-2775] (CAH) [Entered: 04/03/2026 09:46 AM] |
Filing 18
ORDER re: Motion to withdraw notice of appeal. In light of the courts final order dated March 12, 2026, the appellants motion will be filed without further court action. CDH [18] [7513274] [25-2775] (AP) [Entered: 03/26/2026 09:11 AM]
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| Filing 17 Pro se motion filed by Appellant Terry D. Rutledge to withdraw notice of appeal. [17] [7513171] [25-2775] (AP) [Entered: 03/25/2026 02:04 PM] |
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Filing 16
ORDER: 1. Prisoner motion to proceed in forma pauperis, filed on 1/26/2026. 2. Memorandum in support of PLRA motion for leave to proceed on appeal in forma pauperis, filed on 1/26/2026. This court has carefully reviewed the record on appeal, the district courts order denying appellant Terry Rutledge leave to appeal in forma pauperis, and Rutledges motions papers. This court has jurisdiction over final orders from the district court. See 28 U.S.C. 1291. Rutledges case is still proceeding in the district court and this court does not have jurisdiction to review the order granting defendants motion for summary judgment in part. Further, the district court has not certified any issues for interlocutory appeal, see 28 U.S.C. 1292(b), and there is no other basis for this courts jurisdiction. Accordingly, the motion for leave to proceed on appeal in forma pauperis is DENIED, and this appeal is DISMISSED for lack of jurisdiction. This dismissal does not relieve the appellant of the obligation to pay the filing and docketing fees for this appeal. Campbell v. Clarke, 481 F.3d 967, 970 (7th Cir. 2007); Newlin v. Helman, 123 F.3d 429, 433 (7th Cir. 1997). The clerk of the district court shall collect the appellate fees from the prisoner's trust fund account using the mechanism of Section 1915(b). [16] [7510503] [25-2775] (FP) [Entered: 03/12/2026 11:23 AM]
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Filing 15
ORDER re: Motion for time extension. [ # 14 ] A review of the docket shows that on January 26, 2026, the clerk received the appellants motion to proceed on appeal in forma pauperis and PLRA memorandum in support and accepted them for filing. Accordingly, the motion is DENIED as unnecessary. The clerk will send the appellant a copy of the courts public docket. CDH [15] [7500811] [25-2775] (PS) [Entered: 01/27/2026 03:09 PM]
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| Filing 14 Pro se motion filed by Appellant Terry D. Rutledge to extend time to file. [14] [7500542] [25-2775] (EF) [Entered: 01/26/2026 03:02 PM] |
| Filing 13 Filed Appellant Terry D. Rutledge Memorandum In Support of PLRA Motion for Leave to Proceed on Appeal In Forma Pauperis. [13] [7500541] [25-2775] (EF) [Entered: 01/26/2026 03:01 PM] |
| Filing 12 Pro se motion filed by Appellant Terry D. Rutledge to proceed on appeal in forma pauperis. [12] [7500539] [25-2775] (EF) [Entered: 01/26/2026 03:00 PM] |
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Filing 11
ORDER re: Motion to Correct. This court understands the appellant to be asking the court to voluntarily dismiss her duplicative appeal and allow her to proceed on one appeal with one filing fee. The motion is GRANTED. Appeal no. 25-2845 is voluntarily DISMISSED pursuant to Federal Rule of Appellate Procedure 42(b). Appellant Rutledge filed two notices of appeal from the district courts order granting summary judgment in part. Because appeal 25-2845 duplicates appeal 25-2775, Rutledge is correct that it is not necessary. Further, no filing fee shall be imposed for appeal no. 25-2845. This court treats the notice of appeal in 25-2845 as an amended notice, for which no additional fee is owed. See Fed. R. App. P. 4(a)(4)(B)(iii). Rutledge is reminded that in appeal no. 25-2775 she must 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, PLRA memorandum in support, and trust fund account statement with the clerk of this court by January 2, 2026. Mandate issued, no record to be returned. John Z. Lee, Circuit Judge. [ # 9 ][11][7491125] [25-2775, 25-2845] (AD) [Entered: 12/05/2025 12:56 PM]
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| Filing 10 Filed District Court order DENYING Appellant Terry D. Rutledge in 25-2775, 25-2845 leave to proceed on appeal in forma pauperis. Date IFP denied: 12/03/2025. [10] [7490562] PLRA Fee/Motion/Memorandum due on 01/02/2026. [25-2775, 25-2845] (CAH) [Entered: 12/03/2025 02:56 PM] |
| Filing 9 Pro se motion filed by Appellant Terry D. Rutledge in 25-2775, 25-2845 to correct. (Forwarded from the District Court). [9] [7490538] [25-2775, 25-2845] (CAH) [Entered: 12/03/2025 02:27 PM] |
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Filing 8
ORDER re: Motion for time extension, filed on 11/5/2025. In light of the courts order dated November 5, 2025, the appellants motion for an extension of time is DENIED as unnecessary. The clerk will send the appellant a copy of the courts public docket. [ # 7 ] [8] [7485543] CDH [25-2775, 25-2845] (FP) [Entered: 11/06/2025 10:48 AM]
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| Filing 7 Pro se motion filed by Appellant Terry D. Rutledge to extend time to file six month account balance. [7] [7485408] [25-2775] (NHV) [Entered: 11/05/2025 03:07 PM] |
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Filing 6
ORDER re: Motion to Withdraw Notice of Appeal. The appellant has asked the court to withdraw this appeal. Federal Rule of Appellate Procedure 42(b) allows an appellant to voluntarily dismiss her 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). Further, once the appeal is dismissed, the appellant cannot reinstate it at a later date. Because it is unclear whether the appellant seeks to unconditionally dismiss this appeal, the motion is DENIED without prejudice to renewal. Should the appellant decide that she does not want to proceed with this appeal, she may file a renewed motion that complies with Federal Rule of Appellate Procedure 42(b). Any such motion is due by December 8, 2025. If the appellant does not file a compliant motion to voluntarily dismiss, she shall either pay the $605.00 appellate filing fees or file a motion for leave to proceed on appeal in forma pauperis in the district court by December 8, 2025. Failure to comply with this order may result in the dismissal of this appeal. [ # 5 ] Sent Certified Mail. Receipt Number: 9589 0710 5270 1455 1997 42. [6] [7485364] CDH [25-2775] (AD) [Entered: 11/05/2025 02:00 PM]
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| Filing 5 Pro se motion filed by Appellant Terry D. Rutledge in 25-2775, 25-2845 to withdraw notice of appeal. (Forwarded from the District Court). [5] [7484941] [25-2775, 25-2845] (CAH) [Entered: 11/04/2025 11:12 AM] |
| Filing 4 Appearance form filed by Attorney Benjamin M.L. Jones for Appellees Lorna Harbaugh, Katina Murray, Mario Rodriguez, Aaron Smith and Joshua Snow. Additional Parties: Brian English, Shaun Dwyer, Caleb Nelson, Justin McCray, Armando Cervantes, Ryan McCullum, Branden Myers, Timothy Hamrick. [4] [7481912] (L-Yes; E-Yes; R-Yes) [25-2775]--[Edited 10/21/2025 by FP to reflect that atty. Kus is termed and atty. Jones is added to the docket.] (Jones, Benjamin) [Entered: 10/21/2025 08:06 AM] |
| Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Laura K. Binford for Appellee Baili C. Appleton. [3] [7481245] (L-Yes; E-Yes; R-No) [25-2775] (Binford, Laura) [Entered: 10/16/2025 03:18 PM] |
| Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLEES: Officer Caleb Nelson. [2] [7479514] [25-2775] (FP) [Entered: 10/08/2025 10:08 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 Fee due. Transcript information sheet due by 10/21/2025. Docketing Statement due for Appellant Terry D. Rutledge by 10/14/2025. PLRA Fee/Motion/Memorandum due on 11/06/2025. [1] [7479506] [25-2775] (FP) [Entered: 10/08/2025 09:56 AM] |
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