Brian Albert, et al v. James Albert, et al
| Brian Albert, Bradley James Albert and Brian James Albert |
| James A. Albert and Beatty & Miller Law Firm |
| 23-3628 |
| December 1, 2023 |
| U.S. Court of Appeals, Eighth Circuit |
| Other Fraud |
Docket Report
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| Document Text |
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| MOTION for extension of time to file brief until 03/06/2024, filed by Appellant Mr. Brian James Albert w/service 01/26/2024. [5357300] [23-3628]--[Edited to correct docket text 01/26/2024 by MTB] (BJA) [Entered: 01/26/2024 01:33 PM] |
| CLERK ORDER:Granting [ # 5357300-2 ] motion for extension of time to file brief filed by Appellant Mr. Brian James Albert. Brief of Bradley James Albert and Brian James Albert due 03/06/2024 [5357319] [23-3628] (MTB) [Entered: 01/26/2024 02:05 PM] |
| JUDGE ORDER:Denying [ # 5351044-2 ] motion for reconsideration filed by Appellants Mr. Brian James Albert and Bradley James Albert. Adp Jan 2024 [5351299] [23-3628] (MTB) [Entered: 01/08/2024 01:49 PM] |
| MOTION for reconsideration of clerk order, [ # 5348567-2 ], filed by Appellant Bradley James Albert w/service 01/07/2024. [5351044] [23-3628]--[Edited 01/08/2024 by HAG to correct relief] [Edited to correct docket text 01/08/2024 by MTB] (BJA) [Entered: 01/07/2024 06:11 PM] |
| APPEARANCE filed by Dana W. Hempy for Appellee Beatty & Miller Law Firm w/service 01/05/2024 [5350679] [23-3628] (DWH) [Entered: 01/05/2024 09:38 AM] |
| CLERK ORDER: Appellant Brian James Albert has applied for appointment of counsel [ # 5348204-2 ] in this civil case. This is a fee paid civil matter, and counsel cannot be appointed in the absence of an order granting appellant permission to proceed in forma pauperis. The motion for appointment of counsel is denied. Any motion for permission to proceed in forma pauperis must be filed with the district court. If the district court denies the motion, then appellant may reapply in this court for pauper status. Appellants motion for a stay [ # 5348203-2 ] is denied as moot. [5348567] [23-3628] (MTB) [Entered: 12/28/2023 11:08 AM] |
| MOTION for stay, filed by Party Mr. Brian James Albert w/service 12/27/2023. [5348203] [23-3628] (BJA) [Entered: 12/27/2023 01:04 PM] |
| MOTION for appointment of counsel, filed by Party Brian James Albert w/service 12/27/2023. [5348204] [23-3628]--[Edited 12/28/2023 by HAG to correct relief and mdfy dkt txt] (BJA) [Entered: 12/27/2023 01:06 PM] |
| BRIEFING SCHEDULE SET AS FOLLOWS: If the original file of the U.S. 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 8th Circuit Rule 30A shall not be required. In accordance with 8th 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 or filed under seal, exhibits, administrative records and state court files. BRIEF OF APPELLANT Bradley James Albert and Brian James Albert due 02/05/2024. Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5347811] [23-3628] (RDB) [Entered: 12/26/2023 11:47 AM] |
| UPDATED fee status - [Case Number 23-3628: paid - cs]. [5347603] [23-3628] (CJO) [Entered: 12/22/2023 12:53 PM] |
| DOCUMENT FILED - Receipt - filing fee paid to the district court. [5347601] [23-3628] (CJO) [Entered: 12/22/2023 12:52 PM] |
| APPEARANCE filed by David Thomas Bower for Appellee Beatty & Miller Law Firm w/service 12/06/2023 [5342109] [23-3628] (DTB) [Entered: 12/06/2023 01:13 PM] |
| APPEARANCE filed by David L. Brown for Appellee James A. Albert w/service 12/05/2023 [5341549] [23-3628] (DLB) [Entered: 12/05/2023 10:39 AM] |
| Originating court document filed consisting of notice of appeal, docket entries, Order 09/28/2023, Judgment 09/28/2023, and Text Order Denying Motion for Reconsideration 10/25/2023.[5340680] [23-3628] (CJO) [Entered: 12/01/2023 11:15 AM] |
| **LOCKED**CLERK ORDER:The $605 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 12/22/2023, a show cause order will be entered directing the appellant to show cause why this appeal should not be dismissed for failure to prosecute. [5340687] [23-3628] [5340687] [23-3628]--[Edited 12/01/2023 by CJO to seal document due to the incorrect filing fee amount] (CJO) [Entered: 12/01/2023 11:18 AM] |
| CORRECTED 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 12/22/2023, a show cause order will be entered directing the appellant to show cause why this appeal should not be dismissed for failure to prosecute. [5340702] [23-3628] (CJO) [Entered: 12/01/2023 11:27 AM] |
| 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. [5340711] [23-3628] (CJO) [Entered: 12/01/2023 11:35 AM] |
| Civil case docketed. [5340666] [23-3628] (CJO) [Entered: 12/01/2023 10:59 AM] |
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