Pride, Charles v. City of Eagle River, Wisconsin et al

Filing 52

ORDER denying 49 Motion for Paid Fee Motion Denial Appeal Right Reconsideration; denying as moot 51 Supplemental Amended Motion for Reconsideration. The clerk of court is directed to forward to chambers any future documents plaintiff submits t o this court that pertain to his appeal of case no. 13-cv-308-bbc. These will be considered denied, without the need for judicial action, on the 30th day following receipt, unless the court orders otherwise. Signed by District Judge Barbara B. Crabb on 5/4/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CHARLES PRIDE,
Plaintiff,
ORDER
v.
13-cv-308-bbc
CITY OF EAGLE RIVER, WISCONSIN,
JEFF HYSLOP, FRED INTERMUEHLE,
JOE LAUX, JERRY BURKET, GEORGE
MEADOWS, KIM SCHAFFER,
CAROL HENDRICK, DEB BROWN,
EAGLE RIVER LIGHT AND WATER,
LARRY PHIFER, LON BUSHEY,
PAT WEBER, EAGLE RIVER PUBLIC
WORKS DEPARTMENT, JOE
TOMLANOVICH, MIKE ADAMOVICH,
MIDSTATE ENGINEERING, SCOTT
MARTIN, BLACKHAWK ENGINEERING,
GREG HUZA;STEVE GARBOWICZ, JOHN
NIEBURH, JOE RATH and JERRI RADTKE,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff Charles Pride has filed a document entitled “Motion for Paid Fee Motion
Denial Appeal Right Reconsideration,” dkt. #49, along with a “Supplemental Amended
Reconsideration Motion for Paid Fee Denial of Appeal Right, Based on Continuing
Additional Clerk USPS Deprived Order Notice Error.” Dkt. #51. Although it is difficult
to understand what relief plaintiff is seeking, it appears that he wants to have his notice of

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appeal reinstated because he paid the $455 appeal filing fee and he appears concerned that
he is not receiving correspondence properly. Plaintiff’s motions will be denied.
On January 30, 2014, the Seventh Circuit Court of Appeals dismissed plaintiff’s
appeal for his failure to timely pay the required $455 docketing fee. On February 18, 2014
plaintiff filed a motion to recall the mandate with the court of appeals. The court of appeals
denied plaintiff’s motion without prejudice subject to renewal if plaintiff filed a motion to
proceed in forma pauperis on appeal or paid the $455 filing fee by March 7, 2014. Instead
of filing with the Seventh Circuit, on February 26, 2014, plaintiff electronically submitted
through this court’s CM/ECF filing system, a document captioned to the Seventh Circuit
Court of Appeals titled “Renewed Circuit Motion to Appeal In Forma Pauperis with Time
Enlargement for Court Cost Fee Payment, If Denied.” Dkt. #41. Although plaintiff may
not have been aware, he filed this document with the wrong court. This February 26, 2014
request should have been made to the Seventh Circuit Court of Appeals. On April 15, 2014,
plaintiff paid the $455 appellate filing fee. The court of appeals received notice of this
payment.
Plaintiff then proceeded to file a series of letters and motions to this court, including
a recent motion for “Circuit Time enlargement for court cost fee payment,” dkt. #47, which
I denied on March 11, 2015 because I do not have jurisdiction to reconsider matters decided
by the court of appeals. Dkt. #48. For the same reason, plaintiff’s “Motion for Paid Fee
Motion Denial Appeal Right Reconsideration,” dkt. #49, must be denied. It is difficult to
determine what plaintiff wants, but it appears that he is asking to have his appeal reinstated

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because he paid the $455 appellate docketing fee. He must file that motion with the court
of appeals.
Turning next to plaintiff’s “Suppl[e]mental Amended Reconsideration Motion for
Paid Fee Denial of Appeal Right, Based on Continuing Additional Clerk USPS Deprived
Order Notice Error,” dkt. #51, plaintiff appears to be concerned that he did not receive a
copy of my March 11, 2015 order in the mail. The copy was instead sent to the e-mail
address plaintiff provided at the time he registered to file documents electronically through
the court’s CM/ECF filing program. A review of this court’s records show that on July 30,
2013, plaintiff registered to file documents and receive notices electronically in this case.
It was plaintiff’s responsibility to promptly notify the clerk’s office if he no longer had the
ability to file or receive documents at the e-mail address he provided when he registered for
electronic filing. When plaintiff filed notice on March 27, 2015 that he had not received
copies of certain docket entries and he requested documents to be sent through the mail, the
clerk of court sent him the copies he requested and removed his e-mail address from the
docket, so he would no longer receive notices and orders via e-mail. Accordingly, no
additional action is needed on plaintiff’s “Supplemental Amended Reconsideration Motion
for Paid Fee Denial of Appeal Right, Based on Continuing Additional Clerk USPS Deprived
Order Notice Error” and this motion will be denied as moot.
Finally, because plaintiff persists in filing documents in this court over which only the
court of appeals retains jurisdiction, I am imposing a filing restriction on plaintiff. Any
further documents submitted by plaintiff on his appeal will be forwarded to chambers for

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review without docketing. Such filings will be deemed denied by the 30th day following
receipt, unless the court takes other action.

ORDER
IT IS ORDERED that
1.

Plaintiff Charles Pride’s “Motion for Paid Fee Motion Denial Appeal Right

Reconsideration,” dkt. #49, is DENIED.
2. Plaintiff’s “Supplemental Amended Reconsideration Motion for Paid Fee Denial
of Appeal Right, Based on Continuing Additional Clerk USPS Deprived Order Notice
Error,” dkt. #51, is DENIED as moot.
3. The clerk of court is directed to forward to chambers any future documents
plaintiff submits to this court that pertain to his appeal of case no. 13-cv-308-bbc. These
will be considered denied, without the need for judicial action, on the 30th day following
receipt, unless the court orders otherwise.
Entered this 4th day of May, 2015.
BY THE COURT:
/s/
________________________________
BARBARA B.CRABB
District Judge

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