Steven Pinder v. WellPath, et al
| Steven L. Pinder |
| WellPath, LLC, originally named as WellPath, also known as Correct Care Solutions LLC, Greg Rechcigl, Health Services Administrator, WellPath (originally named as Gregory Reichql), James Kelley, Health Services Administrator, WellPath, Gary Kerstein, Doctor, WellPath (originally named as Gary Kerstien), Robert Floss, Doctor, Patrick Drummond, APN, Tracy Bennett, APN, Jorge Dominicis, Chief Executive Officer, WellPath, Diamond Drugs Inc., Prescription Drug Provider (originally named as Diamond Pharmacy Services), Steve MacDonald, Optometrist, Mobile Vision Professionals and Rory Griffin, Deputy Director, ADC |
| 22-3050 |
| September 29, 2022 |
| U.S. Court of Appeals, Eighth Circuit |
| Prison Condition |
Docket Report
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| JUDGE ORDER: Appellant's motion for leave to proceed in forma pauperis [ # 5207476-2 ] is granted. The full $505 appellate and docketing fees are assessed against appellant. The court remands this case to the district court for the limited purpose of calculating and collecting the appellate filing fee pursuant to Henderson v. Norris, 129 F.3d 481 (8th Cir. 1997). Attorney Michael D. Gooch is appointed to represent Appellant under 28 U.S.C. 1915(e)(1). The clerk is directed to enter a briefing schedule. In addition to any other issues counsel may identify for appeal, the parties are requested to brief the following issue: whether the district court committed reversible error by applying a claim-by-claim approach to appellant's request to proceed in forma pauperis under 28 U.S.C. 1915(g). See Charron v. Allen 37 F.4th 483, 487 (8th Cir. 2022). Adp Nov 2022 [5220644] [22-3050] (CAH) [Entered: 11/23/2022 08:48 AM] |
| BRIEFING SCHEDULE SET AS FOLLOWS: Appendix due on 12/23/2022. BRIEF OF APPELLANT Steven L. Pinder due 12/23/2022. Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5220654] [22-3050] (CAH) [Entered: 11/23/2022 08:58 AM] |
| APPEARANCE filed by Michael D Gooch for Appellant Mr. Steven L. Pinder w/service 11/23/2022 [5221034] [22-3050] (MDG) [Entered: 11/23/2022 03:25 PM] |
| Originating court document filed consisting of amended notice of appeal, docket entries. [5207471] [22-3050] (CAH) [Entered: 10/13/2022 02:22 PM] |
| RESPONSE in opposition to clerk order pay full filing fee/declaration of imminent release [ # 5203302-2 ], filed by Party Mr. Steven L. Pinder , w/service 10/13/2022. [5207481] [22-3050] (CAH) [Entered: 10/13/2022 02:32 PM] |
| MOTION for leave to proceed on appeal in forma pauperis w/attached affidavit, filed by Appellant Mr. Steven L. Pinder w/service 10/13/2022. [5207476] [22-3050] (CAH) [Entered: 10/13/2022 02:28 PM] |
| Originating court document filed consisting of notice of appeal, docket entries, Proposed Findings of 11/10/20, 4/5/21, 4/12/21, and 9/8/21, orders of 12/14/20, 5/4/21, 12/9/22, 9/21/22, 9/29/22, recommended disposition 8/10/22, judgment 9/21/22. [5203299] [22-3050] (CAH) [Entered: 09/29/2022 04:27 PM] |
| CLERK ORDER:The District Court has determined that Appellant has three strikes under 28 U.S.C Section 1915(g). Accordingly, Appellant may not proceed in this appeal without first paying the full appellate docketing fee. Appellant is directed to pay to the district court the appellate docketing fee of $505, or to file a pleading in this court explaining why Appellant is eligible to proceed without pre-payment of the fee. If appellant fails to either pay the fee or respond to this order within 30 days of the date of this order, the appeal will be dismissed for failure to prosecute. Compliance is due 10/31/2022 [5203302] [22-3050] (CAH) [Entered: 09/29/2022 04:28 PM] |
| CLERK ORDER:If the original file of the United States District Court is available for review in electronic format, the court will rely on the electronic version of the record in its review. The appendices required by Eighth Circuit Rule 30A shall not be required. In accordance with Eighth Circuit Local Rule 30A(a)(2), the Clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER, including any documents maintained in paper format or filed under seal, exhibits, administrative records and state court files. These documents should be submitted within 10 days. [5203303] [22-3050] (CAH) [Entered: 09/29/2022 04:31 PM] |
| Prisoner case docketed. [5203290] [22-3050] (CAH) [Entered: 09/29/2022 04:18 PM] |
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