Grant v. Schaefer et al

Filing 54

Order denying 53 request for an extension of time; denying 50 request for appointment of counsel on appeal. Signed by District Judge Barbara B. Crabb on 5/6/2010. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------JAM ES EDWARD GRANT, ORDER Plaintiff, 0 8 - cv -6 7 2 - b b c v. T R EN T O N SCHAFER, D efendan t. --------------------------------------------Judgm ent was entered in this civil rights lawsuit on July 23, 2009 after I granted defendan t's motion for summary judgment on plaintiff's excessive force claim. I

subsequently denied two motions for relief from judgment brought by plaintiff under Fed. R . Civ. P. 60. Now plaintiff has filed a notice of appeal of the judgment and a request for app oin tm ent of counsel on the appeal. The appeal may be untimely, but I will not deny it for that reason. Only the Court of Appeals for the Seventh Circuit may determine whether it has jurisdiction to entertain an appeal. Hyche v. Christensen, 170 F.3d 769, 770 (7th Cir. 19 99 ). In an April 21, 2010 order, the court of appeals concluded that plaintiff could not pro ceed in forma pauperis on appeal because he has struck out under 28 U.S.C. § 1915(g). T h e court of appeals gave plaintiff until May 5, 2010 to pay the entire $455 filing fee for

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th is appeal. Plaintiff responded to this order by filing a motion in this court for an extension of time to pay the full filing fee. Again, this is a matter only the court of appeals may entertain. I will deny the motion and forward it to the court of appeals. Fo r the same reason, I must deny plaintiff's motion for appointment of counsel because he has raised it in the wrong court. This motion has already been forwarded to the cou rt of appeals.

OR DER IT IS ORDERED that 1. Plaintiff James Grant's motion for an extension of time in which to pay the $455 filing fee for this appeal, dkt. #53, is DENIED; the motion will be forwarded to the court of appeals. 2. Plaintiff's motion for appointment of counsel on appeal, dkt. #50, is DENIED. Entered this 6th day of May, 2010. BY THE COURT: /s/ BARBARA B. CRABB District Judge

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