Thivierge v. Town of Amesbury, et al

Filing 1

CIVIL CASE docketed. Notice of appeal (doc. #98) filed by pro se Appellant James N. Thivierge. Opening forms sent. Fee due 04/22/2010. [10-1389] (GK)

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Thivierge v. Town of Amesbury, et al Doc. 1 United States Court of Appeals For the First Circuit No. 10-1389 JAMES N. THIVIERGE Plaintiff - Appellant v. TOWN OF AMESBURY; MAYOR KEZER; TOWN ASSESSOR; TOWN CLERK: AGENT OF LIBRARY Defendants - Appellees CASE OPENING NOTICE Issued: April 8, 2010 The above-captioned appeal was docketed in this court today pursuant to Rule 12 of the Federal Rules of Appellate Procedure. The above case number and caption should be used on all papers subsequently submitted to this court. If any party disagrees with the clerk's office's designation of the parties on appeal, it must file a motion to amend the caption with any supporting documentation attached. Absent an order granting such a motion, the parties are directed to use the above caption on all pleadings related to this case. Upon confirmation by the circuit clerk that the record is complete either because no hearing was held, no transcript is necessary, or the transcript is on file, the clerk's office will set the briefing schedule and forward a scheduling notice to the parties. Within seven days of filing the notice of appeal, appellant must pay the filing fee to the district court clerk. An indigent appellant who seeks to appeal in forma pauperis must file a motion and financial affidavit in the district court in compliance with Fed. R. App. P. 24. Unless this court is provided with notice of paying the filing fee to the clerk of the district court or filing a motion seeking in forma pauperis status within fourteen days of the date of this notice, this appeal may be dismissed for lack of prosecution. 1st Cir. R. 3.0(b). An appearance form should be completed and returned immediately by any attorney who wishes to file pleadings in this court. 1st Cir. R. 12.0(a) and 46.0(a)(2). Pro se parties are not required to file an appearance form. Any attorney who has not been admitted to practice before the First Circuit Court of Appeals must submit an application and fee for admission with the appearance form. 1st Cir. R. 46.0(a)(2). Dockets, opinions, rules, forms, attorney admission applications, the court calendar and general notices can be obtained from the court's website at Your attention is called specifically to the notice(s) listed below: Notice to Counsel and Pro Se Litigants Transcript Notice If you wish to inquire about your case by telephone, please contact the case manager at the direct extension listed below. Margaret Carter, Clerk UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT John Joseph Moakley United States Courthouse 1 Courthouse Way, Suite 2500 Boston, MA 02210 Case Manager: George - (617) 748-9055 United States Court of Appeals For the First Circuit NOTICE OF ELECTRONIC AVAILABILITY OF CASE INFORMATION The First Circuit has implemented the Federal Judiciary's Case Management/Electronic Case Files System ("CM/ECF") which permits documents to be filed electronically. In addition, most documents filed in paper are scanned and attached to the docket. In social security and immigration cases, members of the general public have remote electronic access through PACER only to opinions, orders, judgments or other dispositions of the court. Otherwise, public filings on the court's docket are remotely available to the general public through PACER. Accordingly, parties should not include in their public filings (including attachments or appendices) information that is too private or sensitive to be posted on the internet. Specifically, Fed. R. App. P. 25(a)(5), Fed. R. Bank. P. 9037, Fed. R. Civ. P. 5.2 and Fed. R. Cr. P. 49.1 require that parties not include, or partially redact where inclusion is necessary, the following personal data identifiers from documents filed with the court unless an exemption applies: Social Security or Taxpayer Identification Numbers. If an individual's social security or taxpayer identification number must be included, only the last four digits of that number should be used. Names of Minor Children. If the involvement of a minor child must be mentioned, only the initials of that child should be used. Dates of Birth. If an individual's date of birth must be included, only the year should be used. Financial Account Numbers. If financial account numbers are relevant, only the last four digits of these numbers should be used. Home Addresses in Criminal Cases. If a home address must be included, only the city and state should be listed. See also Rule 12 of this court's Administrative Order Regarding Case Management/Electronic Case Files System. If the caption of the case contains any of the personal data identifiers listed above, the parties should file a motion to amend caption to redact the identifier. Parties should exercise caution in including other sensitive personal data in their filings, such as personal identifying numbers, medical records, employment history, individual financial information, proprietary or trade secret information, information regarding an individual's cooperation with the government, information regarding the victim of any criminal activity, national security information, and sensitive security information as described in 49 U.S.C. 114. Attorneys are urged to share this notice with their clients so that an informed decision can be made about inclusion of sensitive information. The clerk will not review filings for redaction. Filers are advised that it is the experience of this court that failure to comply with redaction requirements is most apt to occur in attachments, addenda, or appendices, and, thus, special attention should be given to them. For further information, including a list of exemptions from the redaction requirement, see United States Court of Appeals For the First Circuit NOTICE TO COUNSEL REGARDING MANDATORY REGISTRATION AND TRAINING FOR ELECTRONIC FILING (CM/ECF) Beginning January 1, 2010, CM/ECF is mandatory for all attorneys filing in this court. Therefore, we strongly encourage all attorneys who practice in this court to register as an ECF Filer as soon as possible and become familiar with the system. Before you may file documents electronically in the CM/ECF system, you must complete the following steps. Complete both of the mandatory Electronic Learning Modules (ELMs) located at on the Electronic Filing - CM/ECF page. The lessons provide a step-by-step overview of how to file various types of documents, as well as how to avoid common filing errors. Apply for admission if you are not a member of this court's bar. In order to register as an ECF Filer, attorneys must be admitted to the bar of this court. For information on attorney admission, go to the Forms & Notices page on the First Circuit's website at Register for a PACER account at if you or your law firm have not previously done so. A PACER account is required to view docket reports and electronically filed documents. Register with PACER for a First Circuit Appellate ECF Filer account at You must register for an ECF Filer account with this court order to electronically file documents through the court's CM/ECF system. If you previously registered through PACER for electronic noticing in the First Circuit, and you are a member of the bar of the First Circuit Court of Appeals, you do not have to reregister for an appellate CM/ECF account. Review the Administrative Order Regarding CM/ECF (which sets forth rules governing electronic filing) and the CM/ECF User's Guide. Complete information about CM/ECF is available on the First Circuit's website at March 31, 2010 cc: Katharine I. Doyle Mark R. Reich James N. Thivierge

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