Timothy Robertson v. Andrew Cole, et al
| TIMOTHY ROBERTSON |
| ANDREW COLE and OFFICER SCHEPPER |
| 26-1479 |
| March 11, 2026 |
| U.S. Court of Appeals, Seventh Circuit |
| Prison Condition |
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Filing 7
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 to amend the judgment on April 2, 2026, though the motion was postmarked from appellants prison on March 26, 2026, within 28 days of entry of judgment on February 26, 2026. See Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001). This motion 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 to amend the judgment. If a party contends that this appeal should not be suspended, then that party should file a brief memorandum on or before May 22, 2026, stating why suspension is not appropriate. The appellees shall file a status report within seven days of a ruling on the motion to amend the judgment, or on or shortly before June 8, 2026, if no order has yet issued. JXK [7] [7] [7524363] [26-1479] (CG) [Entered: 05/08/2026 03:39 PM]
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| Filing 6 ***PRISON LITIGATION REFORM ACT PARTIAL FILING FEE. Received: $21.80 from Appellant Timothy Robertson on 05/08/2026. [6] [7524308] [26-1479] (CAG) [Entered: 05/08/2026 02:10 PM] |
| Filing 5 Filed District Court order GRANTING Appellant Timothy Robertson leave to proceed on appeal in forma pauperis. Date IFP granted: 04/14/2026. District Court has assessed a $21.80 initial partial filing fee. [5] [7517884] PLRA initial partial filing fee due by 05/14/2026. [26-1479] (CAG) [Entered: 04/14/2026 03:11 PM] |
| Filing 4 Notification from the District Court that a motion to proceed on appeal in forma pauperis is pending. [4] [7515919] [26-1479] (CAG) [Entered: 04/07/2026 09:55 AM] |
| Filing 3 Docketing Statement filed by Appellant Timothy Robertson. Prior or Related proceedings: No. [3] [7514190] [26-1479] (CAH) [Entered: 03/30/2026 04:06 PM] |
| Filing 2 Attorney Elijah B. Mollet for Officer Schepper and Andrew Cole in 26-1479 terminated and added Attorney(s) Benjamin M. L. Jones for party(s) Appellee Andrew Cole Appellee Officer Schepper, in case 26-1479 per appearance form. Appearance form filed by Attorney Benjamin M.L. Jones for Appellees Officer Schepper and Andrew Cole. [2] [7511557] (L-Yes; E-Yes; R-Yes) [26-1479]--[Edited 03/17/2026 by AD to reflect the termination and addition of counsel.] (Jones, Benjamin) [Entered: 03/17/2026 12:52 PM] |
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