Downey v. United States of America
| Mark Downey |
| Thomas Armstrong, National Education Association, Alden F Abbott, Merrie Najimy, United States of America, William Barr, US Attorney, Paul Wolfteich and Department of Justice |
| 1:2019cv11650 |
| July 31, 2019 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Qui Tam (31 U.S.C. § 3729(a)) |
| 31 U.S.C. ยง 3730 |
| Plaintiff |
Docket Report
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| Filing 13 USCA Case Number 19-1942 for #8 Notice of Appeal filed by Mark Downey. (Paine, Matthew) |
| Filing 12 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #8 Notice of Appeal. (Paine, Matthew) |
| Filing 11 Copy re [Dkt # 10] Order on Motion for Leave to Appeal in forma pauperis mailed to Mark Downey on 9/19/2019. (Pacho, Arnold) |
| Filing 10 Judge Richard G. Stearns: ELECTRONIC ORDER entered re #9 Motion for Leave to Appeal in forma pauperis. The motion to appeal in forma pauperis is DENIED. "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); see also Fed. R. App. P. 24(a)(3)(A). Regardless of any subjective good faith on the part of the appellant, good faith within the meaning of 28 U.S.C. 1915(a)(3) is only demonstrated when a litigant seeks appellate review of any issue not frivolous. Coppedge v. United States, 369 U.S. 438, 445 (1962). An issue is frivolous if no reasonable person could suppose [it] to have any merit. Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). For the reasons set forth in the court's order that this action be dismissed, the court certifies that this appeal is not taken in good faith. The clerk shall transmit a copy of this Order to the United States Court of Appeals for the First Circuit. If Downey wishes to pursue his appeal, he may pay the appeal fee, or, within 30 days, file a motion to appeal in forma pauperis with the First Circuit. See Fed. R. Civ. P. 24(a)(5). (Pacho, Arnold) |
| Filing 9 MOTION for Leave to Appeal in forma pauperis by Mark Downey. (Attachments: #1 Exhibit) (Pacho, Arnold) |
| Filing 8 NOTICE OF APPEAL as to #6 Order on Motion for Leave to Proceed in forma pauperis, #7 Order Dismissing Case by Mark Downey. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 9/30/2019. (Attachments: #1 Letter from COA Clerk's Office) (Pacho, Arnold) |
| Filing 7 Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASEAssociated Cases: 1:19-cv-11650-RGS, 1:19-cv-11651-RGS(PSSA, 3) |
| Filing 6 Judge Richard G. Stearns: ORDER entered granting (3) Motion for Leave to Proceed in forma pauperis in case 1:19-cv-11650-RGS; granting (4) Motion for Leave to Proceed in forma pauperis in case 1:19-cv-11651-RGS. Both of these actions shall be DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted. Downey is hereby warned that that he could be subject to monetary and non-monetary sanctions in this court if he continues to file pleadings in this court that have already been decided by this or another court, or that are otherwise malicious, frivolous, or abusive, or fail to set forth a short and plain statement of his claims. Associated Cases: 1:19-cv-11650-RGS, 1:19-cv-11651-RGS(PSSA, 3) |
| Filing 5 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) |
| Filing 4 Notice of Hearing by Mark Downey.(Castilla, Francis) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Mark Downey. (Attachments: #1 Document supporting IFP)(Castilla, Francis) |
| Filing 2 MOTION to Quash Sovereing Immunity, Motion to Accomadate the Disabled, Motion to Expedite and Seal, Motion to Refer Criminal case to US Attorney, Motion to Designate the Primary Defedant class Action Claim by Mark Downey.(Castilla, Francis) |
| Filing 1 COMPLAINT against All Defendants, filed by Mark Downey. (Attachments: #1 Supplement of complaint, #2 Civil Cover Sheet)(Castilla, Francis) |
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