Marcus Smith v. Doris Falkenrath
| Marcus D. Smith |
| Doris Falkenrath |
| 23-1076 |
| January 17, 2023 |
| U.S. Court of Appeals, Eighth Circuit |
| Habeas Corpus |
Docket Report
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| Document Text |
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| MANDATE ISSUED. [5273016] [23-1076] (CRJ) [Entered: 05/04/2023 10:07 AM] |
| JUDGMENT FILED - Application for Certificate of Appealability is denied.; Denying [ # 5256727-2 ] Application for certificate of appealability filed by Appellant Mr. Marcus D. Smith.; Denying as moot [ # 5246512-2 ] motion to proceed on appeal in forma pauperis filed by Mr. Kevin L. Schriener. RAYMOND W. GRUENDER, DUANE BENTON and DAVID R. STRAS Adp Apr 2023 [5264863] [23-1076] (CRJ) [Entered: 04/13/2023 09:56 AM] |
| CASE SUBMITTED Ad Panel Submission before Judges Raymond W. Gruender, Duane Benton, David R. Stras in St. Louis [5264856] [23-1076] (CRJ) [Entered: 04/13/2023 09:49 AM] |
| MOTION Leave to file Application for Certificate of Appealability Out of Time, filed by Attorney Mr. Kevin L. Schriener for Appellant Mr. Marcus D. Smith w/service 03/20/2023. [5256607] [23-1076] (KLS) [Entered: 03/20/2023 10:09 AM] |
| CLERK ORDER:Granting [ # 5256607-2 ] motion for leave to file application for certificate of appealability out of time filed by Mr. Kevin L. Schriener. [5256720] [23-1076] (EDG) [Entered: 03/20/2023 12:40 PM] |
| APPLICATION for Certificate of Appealability, filed by Attorney Mr. Kevin L. Schriener for Appellant Mr. Marcus D. Smith w/service 03/20/2023. [5256727] [23-1076] (EDG) [Entered: 03/20/2023 12:46 PM] |
| CLERK ORDER:Granting [ # 5246511-2 ] motion for extension of time to file app for COA until 3/17/23, filed by Mr. Kevin L. Schriener. [5246718] [23-1076] (AEV) [Entered: 02/16/2023 12:39 PM] |
| UPDATED fee status - [Case Number 23-1076: pending] [5246716] [23-1076] (AEV) [Entered: 02/16/2023 12:38 PM] |
| MOTION for leave to proceed on appeal in forma pauperis, filed by Attorney Mr. Kevin L. Schriener for Appellant Mr. Marcus D. Smith w/service 02/15/2023. [5246512] [23-1076] (KLS) [Entered: 02/15/2023 05:12 PM] |
| APPEARANCE filed by Kevin L Schriener for Appellant Mr. Marcus D. Smith w/service 02/15/2023 [5246510] [23-1076] (KLS) [Entered: 02/15/2023 05:02 PM] |
| MOTION for extension of time to file COA until 03/17/2023, filed by Attorney Mr. Kevin L. Schriener for Appellant Mr. Marcus D. Smith w/service 02/15/2023. [5246511] [23-1076] (KLS) [Entered: 02/15/2023 05:04 PM] |
| Originating court document filed consisting of originating court order of 02/13/2023 Denying IFP on appeal, [5245486] [23-1076] (AEV) [Entered: 02/13/2023 03:43 PM] |
| CLERK ORDER:The $505 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in this court within 28 days of the date of this order. If appellant does not pay the fee or move for IFP status by 03/13/2023, this appeal may be dismissed for failure to prosecute without further notice. [5245489] [23-1076] (AEV) [Entered: 02/13/2023 03:44 PM] |
| Originating court document filed consisting of notice of appeal, Order 12/14/22, Judgment 12/15/22, docket entries, [5236326] [23-1076] (AEV) [Entered: 01/17/2023 02:19 PM] |
| CLERK ORDER:The $505 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in the district court within 21 days of the date of this order. If appellant does not pay the fee or move for IFP status by 02/07/2023, a show cause order will be entered directing the appellant to show cause why this appeal should not be dismissed for failure to prosecute. [5236328] [23-1076] (AEV) [Entered: 01/17/2023 02:20 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. [5236331] [23-1076] (AEV) [Entered: 01/17/2023 02:21 PM] |
| Prisoner case docketed. [5236317] [23-1076] (AEV) [Entered: 01/17/2023 02:12 PM] |
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| Petitioner / appellant: Marcus D. Smith | |
| Represented By: | Kevin L. Schriener |
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| Respondent / appellee: Doris Falkenrath | |
| Represented By: | Andrew Crane |
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