Terry D. Rutledge v. Brian English, et al
| TERRY D. RUTLEDGE |
| BRIAN ENGLISH, Warden, SHAUN DWYER, Unit Manager, KATINA MURRAY, JUSTIN MCCRAY, Correctional Sergeant, ARMANDO CERVANTES, Correctional Sergeant, BRANDEN MYERS, Correctional Lieutenant, RYAN MCCULLUM, Correctional Captain and TIMOTHY HAMRICK, Case Manager |
| 25-2845 |
| October 17, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Prison Condition |
Docket Report
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Filing 8
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. [ # 6 ][8][7491125] [25-2775, 25-2845] (AD) [Entered: 12/05/2025 12:56 PM]
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| FOR COURT USE ONLY: Certified copy of 12/05/2025 Final Order with Mandate sent to the District Court Clerk. [7491132-2] [7491132] [25-2845] (AD) [Entered: 12/05/2025 01:15 PM] |
| Filing 7 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. [7] [7490562] PLRA Fee/Motion/Memorandum due on 01/02/2026. [25-2775, 25-2845] (CAH) [Entered: 12/03/2025 02:56 PM] |
| Filing 6 Pro se motion filed by Appellant Terry D. Rutledge in 25-2775, 25-2845 to correct. (Forwarded from the District Court). [6] [7490538] [25-2775, 25-2845] (CAH) [Entered: 12/03/2025 02:27 PM] |
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Filing 5
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. [ # 7485408-2 ] [5] [7485543] CDH [25-2775, 25-2845] (FP) [Entered: 11/06/2025 10:48 AM]
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Filing 4
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. [ # 3 ] Sent Certified Mail. Receipt Number: 9589 0710 5270 1455 1997 42. [4] [7485352] CDH [25-2845] (AD) [Entered: 11/05/2025 01:18 PM]
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| Filing 3 Pro se motion filed by Appellant Terry D. Rutledge in 25-2775, 25-2845 to withdraw notice of appeal. (Forwarded from the District Court). [3] [7484941] [25-2775, 25-2845] (CAH) [Entered: 11/04/2025 11:12 AM] |
| Filing 2 Appearance form filed by Attorney Benjamin M.L. Jones for Appellees Armando Cervantes, Shaun Dwyer, Brian English, Timothy Hamrick, Justin McCray, Ryan McCullum, Katina Murray and Branden Myers. [2] [7482339] (L-Yes; E-Yes; R-Yes) [25-2845]--[Docket updated 10/22/2025 by JR to substitute Attorney Jones for Attorney Kus.] (Jones, Benjamin) [Entered: 10/22/2025 01:00 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 Fee due. Docketing Statement due for Appellant Terry D. Rutledge by 10/22/2025. Transcript information sheet due by 10/31/2025. PLRA Fee/Motion/Memorandum due on 11/17/2025. [1] [7481644] [25-2845] (JR) [Entered: 10/20/2025 11:32 AM] |
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