BROTHERS v. NELLIS AFB
| ZACHARIAH BROTHERS |
| NELLIS AIR FORCE BASE and NELLIS AFB |
| 1:2022cv01282 |
| May 11, 2022 |
| US District Court for the District of Columbia |
| Randolph D Moss |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 27, 2022. A more recent docket listing may be available from PACER.
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Filing 18
Supplemental Record on Appeal transmitted to US Court of Appeals re Minute Order date 06/17/2022 as to Motion for Leave to Appeal in forma pauperis; USCA Case Number 22-5168. (zjm)
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MINUTE ORDER: Before the Court is Plaintiff's motion for leave to file an appeal in forma pauperis. Dkt. #14 . Leave to file an appeal in forma pauperis is a statutory privilege governed by the provisions of 28 U.S.C. 1915. That section provides, in part, that an appeal "may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. 1915(a)(3). The threshold for good faith is a low one: "In the absence of some evident improper motive, the applicant's good faith may be established by the presentation of any issue that is not plainly frivolous." Sills v. Bureau of Prisons, 761 F.2d 792 (1985) (quoting Ellis v. United States, 356 U.S. 674, 674 (1978)). Put another way, "the request of an indigent for leave to appeal in forma pauperis must be allowed," unless "the issues raised are so frivolous that the appeal would be dismissed in the case of a nonindigent litigant." Ellis, 356 U.S. at 674. Here, because Plaintiff's notice of appeal does not identify an appealable order of the Court (indeed, the notice identifies an order--"the judgment of this Court entered on the 18[th] day of May, 2022, in favor of Zachariah Brothers and against said Nellis AFB"--that does not exist, Dkt. #13 ), Plaintiff's appeal is plainly frivolous and, as a result, the Court certifies that it is not taken in good faith, see 28 U.S.C. 1915(a)(3). Accordingly, it is hereby ORDERED that Plaintiff's motion for leave to file an appeal in forma pauperis is DENIED. Signed by Judge Randolph D. Moss on 6/17/2022. (lcrdm1)
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Filing 17
ORDER of USCA (certified copy) as to #13 Notice of Appeal filed by ZACHARIAH BROTHERS ; USCA Case Number 22-5168. (znmw)
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USCA Case Number 22-5168 for #13 Notice of Appeal filed by ZACHARIAH BROTHERS. (znmw)
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Filing 16
MOTION for Discovery by ZACHARIAH BROTHERS. (zjm)
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MINUTE ORDER: On May 23, 2022, Plaintiff filed a document with the Court that he styles as an "Exparte Motion for Preparing and Filing a Motion for an Emergency." Dkt. #10 . The Court has reviewed that filing and is unable to discern within it a request for any identifiable form of relief that the Court is empowered to grant. Accordingly, it is hereby ORDERED that Plaintiff's motion is DENIED. The Court further notes that Plaintiff has filed a notice of appeal in this matter. However, that notice of appeal is plainly improper because there is currently no appealable order in this case. The notice states that it is appealing "the judgment of this Court entered on the 18[th] day of May, 2022," Dkt. #13 ; however, no such order exists. Consequently, Plaintiff's notice of appeal does not divest this Court of jurisdiction. See McKesson HBOC, Inc. v. Islamic Republic of Iran, 315 F. Supp. 2d 63, 66 (D.D.C. 2004) ("It is settled that a notice of appeal from an unappealable order does not divest the district court of jurisdiction.") (collecting cases). Signed by Judge Randolph D. Moss on 6/9/2022. (lcrdm1)
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MINUTE ORDER: Upon consideration of Plaintiff's motion for discovery, Dkt. #16 , it is hereby ORDERED that the motion is DENIED as premature in light of the pending motion to dismiss in this case. Signed by Judge Randolph D. Moss on 6/9/2022. (lcrdm1)
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Filing 15
Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. Motion to proceed on appeal in forma pauperis has been filed. Another transmission will be forwarded when the motion has been decided re #13 Notice of Appeal. (znmw)
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Filing 14
MOTION for Leave to Appeal in forma pauperis by ZACHARIAH BROTHERS. "Leave to File GRANTED." Signed by Randolph D. Moss on 6/3/2022. (znmw)
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Filing 13
NOTICE OF APPEAL by ZACHARIAH BROTHERS. Fee Status: No Fee Paid. Parties have been notified. "Leave to File GRANTED." Signed by Judge Randolph D. Moss on 6/3/2022. (znmw)
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Filing 12
REPLY to opposition to motion re #6 MOTION to Dismiss , #9 Response to Document filed by NELLIS AFB. (Attachments: #1 Certificate of Service)(Oblea, Erika)
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Filing 11
NEW Pro Se Consent To Receive Notices of Electronic Filing by ZACHARIAH BROTHERS (znmw)
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Filing 10
Exparte MOTION for Preparing and Filing a Motion for an Emergency by ZACHARIAH BROTHERS. (Attachments: #1 Exhibits)(znmw)
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Filing 9
RESPONSE (Motion of Opposition) filed by ZACHARIAH BROTHERS. (znmw)
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Filing 8
FOX/NEAL ORDER: Plaintiff is hereby ORDERED to respond to Defendant's Motion to Dismiss, Dkt. #6 , on or before June 20, 2022. See document for details. Signed by Judge Randolph D. Moss on 5/20/2022. (lcrdm1)
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Set/Reset Deadlines: Response due by 6/20/2022. (kt)
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Filing 6
MOTION to Dismiss by NELLIS AFB. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Oblea, Erika)
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Filing 5
NOTICE of Appearance by Erika Kirstie Oblea on behalf of All Defendants (Attachments: #1 Certificate of Service)(Oblea, Erika)
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Filing 7
NOTICE of Change of Address by ZACHARIAH BROTHERS (znmw)
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Filing 4
STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 5/12/2022. (lcrdm1)
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Filing 3
NOTICE to Counsel/Party re #1 Notice of Removal (Attachment: #1 Notice and Consent)(zjm)
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Filing 2
ERRATA by NELLIS AFB re #1 Notice of Removal filed by NELLIS AFB. (Attachments: #1 Exhibit A - COMPLAINT, #2 Civil Cover Sheet, #3 Certificate of Service)(Oblea, Erika)
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NOTICE OF ERROR re #1 Notice of Removal; emailed to erika.oblea@usdoj.gov, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 3. Please provide civil coversheet in non-fillable format., 4. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zjm, )
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Case Assigned to Judge Randolph D. Moss. (zjm)
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Filing 1
NOTICE OF REMOVAL from D.C. Superior Court, case number 2022 CA 000455 B (Fee Status:Filing Fee Waived) filed by NELLIS AIR FORCE BASE. (Attachments: #1 Exhibit A - COMPLAINT, #2 Civil Cover Sheet)(Oblea, Erika) .
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