Ray Stevenson v. John Luetcher, et al
| RAY L. STEVENSON |
| JOHN LUETCHER, JOHN RICHARD FISKE, SCOTT ASPLUNG, CITY OF GREEN BAY, TOM MOLITOR and BROWN COUNTY |
| 26-1013 |
| January 5, 2026 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Civil Rights |
Docket Report
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| Filing 14 Mandate issued. No record to be returned. [14] [7519108] [25-3034, 26-1013] (DAB) [Entered: 04/20/2026 09:03 AM] |
| FOR COURT USE ONLY: Certified copy of 03/02/2026 Final Order with Mandate and 04/10/2026 Rehearing Denial sent to the District Court Clerk. [7519115-2] [7519115] [25-3034, 26-1013] (DAB) [Entered: 04/20/2026 09:26 AM] |
Filing 13
ORDER: Appellant Ray L. Stevenson in 25-3034 & 26-1013, Petition for Rehearing is DENIED. [13] [7516951] [25-3034, 26-1013] (FP) [Entered: 04/10/2026 10:36 AM]
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| Filing 12 10 copies Filed Petition for Rehearing by Appellant Ray L. Stevenson in 25-3034, 26-1013, per order. DIST [12] [7514559] [25-3034, 26-1013] (NHV) [Entered: 03/31/2026 03:38 PM] |
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Filing 11
ORDER re: Motion for panel rehearing, construed as a notice of change of address and a request to recall the mandate and to file a late petition for rehearing. [ # 10 ]. The clerk of this court shall update the docket to reflect the appellant's current address. Further, the request is GRANTED. The mandate is RECALLED, and the clerk of this court shall file instanter the tendered filing as a petition for rehearing and distribute it to the panel. [11] [7514523] [25-3034, 26-1013] (CG) [Entered: 03/31/2026 03:01 PM]
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| FOR COURT USE ONLY: Certified copy of 03/31/2026 Order Recalling Mandate sent to the District Court Clerk. [7514531-2] [7514531] [25-3034, 26-1013] (CG) [Entered: 03/31/2026 03:16 PM] |
| Filing 10 Pro se motion filed by Appellant Ray L. Stevenson for panel rehearing. [10] [7514513] [25-3034, 26-1013] (CG) [Entered: 03/31/2026 02:49 PM] |
| Filing 9 Mandate issued. No record to be returned. [9] [7512784] [25-3034, 26-1013] (NHV) [Entered: 03/24/2026 10:02 AM] |
| FOR COURT USE ONLY: Certified copy of 03/02/2026 Final Order with Mandate sent to the District Court Clerk. [7512788-2] [7512788] [25-3034, 26-1013] (NHV) [Entered: 03/24/2026 10:06 AM] |
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Filing 8
ORDER: These matters come before the court on consideration of the papers filed in these appeals and review of the record. Rule 4(a) of the Federal Rules of Appellate Procedure and 28 U.S.C. 2107(a) require 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 July 29, 2025. Appellant moved for reconsideration on August 11, 2025, and the district court denied that motion on September 9, 2025. The notice of appeal in appeal no. 25-3034 was then filed on November 10, 2025, over one month late. The district court denied appellants motion to extend or reopen the time to appeal, see 28 U.S.C. 2107(c); Fed. R. App. P. 4(a)(5)(6), and appellant has not demonstrated that the court abused its broad discretion, see Sherman v. Quinn, 668 F.3d 421, 425 (7th Cir. 2012). This court is not empowered to grant an extension of time itself. See Fed. R. App. P. 26(b). We therefore DISMISS appeal No. 25-3034 for lack of jurisdiction. Appellant filed a motion to reinstate this suit along with his motion to reopen the time to appeal. Because this motion was filed more than 28 days after the judgment, and because the district court had already denied one post-judgment motion, this request to reinstate did not further affect the time to appeal the judgment. See Fed. R. App. P. 4(a)(4); Krivak v. Home Depot U.S.A., Inc., 2 F.4th 601, 606 (7th Cir. 2021); Banks v. Chicago Bd. of Educ., 750 F.3d 663, 666 (7th Cir. 2014). The notice of appeal in appeal no. 26-1013 was then filed on January 5, 2026, over two months late with respect to the judgment. This appeal is timely with respect to only the district courts December 16, 2025, order denying reinstatement of the case. But any issues that could be raised with respect to this order are insubstantial and 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); Taylor v. City of New Albany, 979 F.2d 87, 87 (7th Cir. 1992). A motion under Rule 60 is not a substitute for a timely appeal from the judgment. See Banks, 750 F.3d at 667. We therefore SUMMARILY AFFIRM the judgment in appeal No. 26-1013. David F. Hamilton, Circuit Judge; Doris L. Pryor, Circuit Judge and Joshua P. Kolar, Circuit Judge. [8] [7508098] [26-1013, 25-3034] (CG) [Entered: 03/02/2026 09:30 AM]
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| Filing 7 Issued Circuit Rule 3(b) 14 day notice to file a motion for leave to proceed on appeal in forma pauperis or pay the docketing fee in the District Court. Fee or IFP forms due on 02/12/2026 for Appellant Ray L. Stevenson. [7] [7501268] [26-1013] (AD) [Entered: 01/29/2026 09:37 AM] |
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Filing 6
ORDER: Appellant Ray L. Stevenson is directed to file the overdue Docketing Statement within 14 days from the date of this Rule to Show Cause. AD. Docketing statement response due for Appellant Ray L. Stevenson by 02/04/2026. Sent Certified Mail. Receipt Number: 9589 0710 5270 0423 8791 29. [6] [7499603] [26-1013] (AD) [Entered: 01/21/2026 12:14 PM]
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| Filing 5 Pro se motion filed by Appellant Ray L. Stevenson in 26-1013, 25-3034 for appeal and brief in support of reversal. [5] [7497752] [26-1013, 25-3034] (EF) [Entered: 01/12/2026 02:55 PM] |
| Filing 4 Memorandum filed by Appellant Ray L. Stevenson in 26-1013, 25-3034. [4] [7497750] [26-1013, 25-3034] (EF) [Entered: 01/12/2026 02:53 PM] |
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Filing 3
ORDER: The court, on its own motion, orders these appeals CONSOLIDATED for purposes of briefing and disposition. Appellant Ray L. Stevenson in 25-3034, 26-1013 shall file a brief memorandum stating why this appeal should not be LIMITED to review of the December 16, 2025, order denying the motion to reinstate the case. Because a preliminary review suggests that any appeal of that December 16, 2025, order denying reinstatement may be frivolous, the memorandum must also explain why that order should not be summarily affirmed. Briefing is SUSPENDED pending further court order. (See order for further details) [7496951] JXK Memorandum due for Appellant Ray L. Stevenson by 01/21/2026. [3] [7496951] [25-3034, 26-1013] (FP) [Entered: 01/08/2026 08:46 AM]
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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] [7496739] [26-1013] (CG) [Entered: 01/07/2026 11:34 AM] |
| Filing 1 Private civil case docketed. Fee due. Docketing Statement due for Appellant Ray L. Stevenson by 01/12/2026. Transcript information sheet due by 01/20/2026. Fee or IFP forms due on 01/20/2026 for Appellant Ray L. Stevenson. [1] [7496725] [26-1013] (CG) [Entered: 01/07/2026 11:15 AM] |
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