Merritte v. Templeton et al

Filing 67

WRITTEN Opinion entered by the Honorable Samuel Der-Yeghiayan on 5/9/2012: For the reasons stated below, Plaintiff's motions to supplement the record on appeal [ 64 ] and to dismiss the appeal [ 65 ] are denied as moot. Plaintiff's motion for stay of proceedings to enforce a judgment [ 61 ] is also denied as moot. (For further details see Written Opinion). Mailed notice. (et, )

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Samuel Der-Yeghiayan

CASE NUMBER

10 C 5163

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

5/9/2012

Calvin L. Merritte (R-53322) vs. Thomas Templeton, et al.

DOCKET ENTRY TEXT

For the reasons stated below, Plaintiff’s motions to supplement the record on appeal [64] and to dismiss the
appeal [65] are denied as moot. Plaintiff’s motion for stay of proceedings to enforce a judgment [61] is also
denied as moot.

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
This matter is before the court on Plaintiff Calvin L. Merritte’s (Merritte) pro se motions. Since
Merritte is proceeding pro se, the court has liberally construed his pro se filings. See Greer v. Board of
Educ. of City of Chicago, Ill., 267 F.3d 723, 727 (7th Cir. 2001)(indicating that a court should “liberally
construe the pleadings of individuals who proceed pro se”). Merritte has filed a motion seeking to
supplement the record on appeal and a motion to dismiss the appeal in order to allow him to supplement the
record on appeal. On April 26, 2012, the Seventh Circuit dismissed the appeal in this action due to Merritte’s
failure to pay the filing fee for the appeal. Therefore, Merritte’s motion to supplement the record on appeal
and motion to dismiss the appeal are denied as moot.
Merritte has also filed a “Motion for Stay of Proceedings to Enforce a Judgment.” (Mot. Stay).
Merritte contends that on January 27, 2012, he filed a motion to alter or amend judgment and a motion for
appointment of counsel, and that he has not received a disposition on either motion. Merritte requests that
the court stay any enforcement of a judgment entered in this case until a ruling is entered by the court on the
motions. On March 16, 2012, the court denied both the motion to alter or amend judgment and the motion
for appointment of counsel and on April 26, 2012, the Seventh Circuit dismissed the appeal in this action.
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STATEMENT
Therefore, Merritte’s motion to stay is also denied as moot.

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