Otis Mays, Jr. v. Fridley Police Department, et al
| Otis Ray Mays, Jr. |
| Fridley Police Department, Chief of Police, Fridley Police Department, John Doe, Training Officer and John Doe, Police Officer |
| 23-2599 |
| July 10, 2023 |
| U.S. Court of Appeals, Eighth Circuit |
| Prisoner - Civil Rights |
Docket Report
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This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| STATEMENT of issues filed by Appellant Mr. Otis Ray Mays, Jr. - w/service 09/06/2023. [5313771] [23-2599] (CHF) [Entered: 09/06/2023 04:32 PM] |
| METHOD of appendix preparation filed by Appellant Mr. Otis Ray Mays, Jr. - Separate Appendix - w/service 09/06/2023 [5313770] [23-2599] (CHF) [Entered: 09/06/2023 04:30 PM] |
| APPEARANCE filed by Virginia R. McCalmont for Appellant Mr. Otis Ray Mays, Jr. w/service 08/29/2023 [5311117] [23-2599] (VRM) [Entered: 08/29/2023 10:46 AM] |
| APPEARANCE filed by Caitlinrose H. Fisher for Appellant Mr. Otis Ray Mays, Jr. w/service 08/29/2023 [5311123] [23-2599] (VRM) [Entered: 08/29/2023 10:48 AM] |
| BRIEFING SCHEDULE SET AS FOLLOWS: Appendix due on 10/02/2023. BRIEF OF APPELLANT Otis Ray Mays Jr. due 10/02/2023. [5309069] [23-2599] (EDG) [Entered: 08/23/2023 09:37 AM] |
| JUDGE ORDER: The Court hereby appoints attorney Virginia R. McCalmont to represent the appellant in this civil suit to address the following issues: Whether the district court committed reversible error by retroactively deeming Mayss prior dismissals for failure to prosecute as dismissals for frivolousness, see 28 U.S.C. 1915(g); Gonzalez v. United States, 23 F.4th 788 (8th Cir. 2022); Whether the district court committed reversible error by imposing a filing restriction on Mays that is broader in scope than 28 U.S.C. 1915(g); Whether the district court committed reversible error by directing the collection of the district court filing fee pursuant to 28 U.S.C. 1915(b)(1)-(2), even though Mays was not granted leave to proceed in forma pauperis in the district court, see 28 U.S.C. 1915(b)(1); and any other issue counsel might identify for appeal. Adp Aug 2023 [5309030] [23-2599] (EDG) [Entered: 08/23/2023 09:19 AM] |
| UPDATED fee status - [Case Number 23-2599: plra] [5302663] [23-2599] (MMH) [Entered: 08/03/2023 01:45 PM] |
| Originating court document filed consisting of court order of 08/02/2023 granting motion for IFP [5302662] [23-2599] (MMH) [Entered: 08/03/2023 01:44 PM] |
| Originating court document filed consisting of court order of 07/27/2023 regarding letter for reconsideration and app for IFP [5300694] [23-2599] (MMH) [Entered: 07/28/2023 10:05 AM] |
| Originating court document filed consisting of notice of appeal, docket entries, Judgment 5/26/23, Order denying IFP 6/29/23, and 2d Order denying IFP 7/6/23 [5294200] [23-2599] (MMH) [Entered: 07/10/2023 02:04 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 08/09/2023 [5294201] [23-2599] (MMH) [Entered: 07/10/2023 02:05 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. [5294203] [23-2599] (MMH) [Entered: 07/10/2023 02:07 PM] |
| Prisoner case docketed. [5294155] [23-2599] (MMH) [Entered: 07/10/2023 12:14 PM] |
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