Alan Braid v. Susman Godfrey, LP, et al
| ALAN BRAID |
| WOLFGANG P. HIRCZY DE MINO |
| SUSMAN GODFREY, LP |
| 26-1797 |
| April 16, 2026 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Personal Property Damage |
Docket Report
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Filing 2
ORDER: A preliminary review of the short record suggests this appeal may be untimely. 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. This deadline applies to amended notices of appeal as it does to any other notice of appeal. See Fed. R. App. P. 4(a)(4)(B)(ii) (requiring notice within the time prescribed by this Rule); Nocula v. UGS Corp., 520 F.3d 719, 724 (7th Cir. 2008). In this case, appellant seeks to appeal the district courts February 13, 2026, amended order of disbursement. The notice of appeal was filed on April 16, 2026, one month late with respect to that order. The district court has not granted an extension of the appeal period, see 28 U.S.C. 2107(c); Fed. R. App. P. 4(a)(5), and this court is not empowered to do so, see Fed. R. App. P. 26(b). The only order entered within the 30 days prior to entry of judgment was the district courts April 13, 2026, order denying appellants request to provide further explanation and for leave to appeal in forma pauperis. Rule 24(a)(5) of the Federal Rules of Appellate Procedure directs that an appellant should refile a motion to proceed in forma pauperis within the appeal from the judgment, here appeal No. 26-1330. Likewise, Circuit Rule 50 allows a party, when appropriate, to request a remand within an appeal for the district court to provide any necessary explanation. See, e.g., United States v. Forman, 553 F.3d 585, 591 (7th Cir. 2009). It is not necessary to file a separate appeal. Accordingly, appellant shall file, on or before May 4, 2026, a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. A motion for voluntary dismissal under Rule 42(b) of the Federal Rules of Appellate Procedure will satisfy this requirement. Briefing is SUSPENDED pending further court order. [2] [7519284] JXK [2] [7519284] [26-1797] (AD) [Entered: 04/20/2026 12:49 PM]
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| Filing 1 Private civil case docketed. Fee due. IFP on Appeal denied on 04/13/2026. Docketing statement filed. Transcript information sheet due by 04/30/2026. Fee or IFP forms due on 04/30/2026 for Appellant Wolfgang P. Hirczy De Mino. [1] [7518882] [26-1797] (CG) [Entered: 04/17/2026 11:08 AM] |
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