Glenn, Gwendolyn v. U.S. Bank

Filing 32

Transmission of Notice of Appeal, Orders, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re 29 Notice of Appeal. (Attachments: # 1 Order entered 10/27/16, # 2 Judgment entered 10/27/16, # 3 Seventh Circuit Court of Appeals Order entered 3/9/17, # 4 Docket Sheet) (nln),(ps)

Form 1. Notice of Appeal to a Court of Appeals
From a Judgment or Order of a District
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Notice is hereby given that [
(here name all
parties taking the a£¥3l)
,(plaintiffs) (defendants) in the above named case!] hereby appeal to the
United States Court of Appeals for the
Circuit (from the final judgment) (from an order (describing it) entered in this action on the
() W day of
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Attorney for [-----J

[Address'
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(As amended Apr. 22, 1993,eff. Dec. I, 1993; Mar. 2:7,2003,
eff. Dec. I, 2003.)
1 See

Rule 3(c) for permissible ways of identifying appellants.

*See Circuit Rule 3(c)(1) for
Docketing Statement (attached)

'

(attached)

Federal

Rule af AIl •••• ltale P'"...,lfu

RULE 3. Appeel e. af Rlght-Hc>w

••••3,
Teken

(e) Filing the Nallce of Appeal.
(1) An appeal permitted by law as of right from a distlict court to a court of appeals may be taken only by filing a notice of appeal
with the district clerk within the time ellowed by Rule 4. At the time of filing, the appellant must fumish the clerk with enough
copies of the notice to enable the clerk to comply with Rule 3(d).
(2) An appellanrs failure to take any step other-than the timely filing of a notice of appeal does not affect the validity of the
appeal. but is ground only for the court of appeals to act as it considers appropriate, including dismissing the appeal.
(3) An appeal from a judgment by a magistrate judge In a civil case is taken in the same way as an appeal from any other district
court judgment.
(4) An appeal by permission under 28 U.S.C. ~ 1292(b) or an appeal in a bankruptcy case may be taken only in the manner
prescribed by Rules 5 and !!, respectively.
(b) Joint or Con.olldated

Appeal ••

(1) When two or more parties are entitled to appeal from a district court judgment or order, and their interests make joinder
practicable. they may file a joint notice of appeal. They may then proceed on appeal as a single appellant.
(2) When the parties have filed separate timely notices of appeal, the appeals may be joined or consolidated
appeals.

I

(c) Contents

by the court of

of the Nollce of Appeal.

(1) The notice of appeal must
(A) specify the party or parties taking the appeal by naming each one in the caption or body of the notice, but an attorney
representing more than one party may describe those parties with such terms as "all plaintiffs, n "the defendants," "the plaintiffs
A, S, et al.," or "all defendants except X";
.(B) designate

the judgment,

order, or part thereof being appealed; and

(C) name the court to which the appeal is taken.
(2) A pro se notice of appeal is considered filed on behalf of the signer and the signe(s spouse and minor children (if they are
parties), unless the notice clearly indicates oth8fWise.
(3) In a class action, whether or not the class hes been certified. the notice of appeal ia sufficient if it names one person
quelified to bring the appeal as representative of the class.
(4) An appeal must not be dismissed for informality of form or tille of the notice of appeal, or for failure to name a party whose
intent to appeal is otherwise clear from the notice.
(5) Form 1 in the Appendix of Forms is a suggested form of a notice of appeal.
(d) SArvlng

the Nollce of Appeal.

(1) The district clerk must serve notice of the filing of a notice of appeal by mailing a copy to each party's counsel of
record-excluding the appellanrs or, if a party is proceeding pro se, to the party's last known address. When a defendant in a
criminal case appeals, the clerk must also serve a copy of the notice of appeal on the defendant, either by personal service or
by mail addressed to the defendant. The clerk must promplly send a copy of the notice of appeal and of the docket entries-and
any later docket entries-to the clerk of the court of appeals named in the notice. The district clerk must note, on each copy, the
date when the notice of appeal was filed.
(2) If an inmate confined in an institution files a notice of appeal in the manner provided by Rule 4(c), the district clerk must also
note the date when the clerk docketed the notice.
(3) The district clerk's failure to serve notice does not affect the validity of the appeal. The clerk must note on the docket the
names of the parties to whom the clerk mails copies, with the date of mailing. Service is sufficient despite the death of a party or
the party's counsel.
(e) Payment of Feee. Upon filing a notice of appeal, the appellant must pay the district clerk all required fees. The district clerk
receives the appellate docket fee on behalf of the court of appeals.

CIRCUIT RULE 3. Notice of Appeel, Docketing Fee, Docketing Statement, end Deslgnetlon of Counsel of Record
(a) Forwarding Copy of Notice of Appeal. When the clerk of the district court sends to the clerk of this court a copy of the notice
of appeal, the district court clerk shall include any docketing stetement. In civil cases the clerk of the district court shall include
the judgments or orders under review, any transcribed oral statement of reasons, opinion, memorandum of decision, findings of
fact, and conclusions of law. The clerk of the district court shall also complete and include the Seventh Circuit Appeal
Infonnatlon Sheet in the fonn prescribed by this court.
(b) Dismissal of Appeal for Failure to Pey Docketing Fee. If a proceeding is docketed without prepayment of the docketing fee,
the appellant shall pay the fee within 14 days alter docketing. If the appellant fails to do so, the clerk is authorized to dismiss the
appeal.

I (c)(1)

Docketing StatementlThe appellant must serve on all parties a dockeUng statement and file it with the clerk of the drstrict
court at the time of the filing of the notice of appeal or with the clerk of this court within seven days of filing the notice of appeal.
The docketing statement must comply with the requirements of Circuit Rule 28(a). If there have been prior or related appellate
proceedings in the case, or if the party believes that the eartier appellate proceedings are sufficiently reiated to the new appeal.
the statement must identify these proceedings by caption and number. The statement also must describe any prior litigation in
the district court that, although not appealed, (a) arises out of the same criminal conviction, or (b) has been designated by the
district court as satisfying the criteria of 28 U.S.C. !j1915(g). If any of the parties to the litigation appears in an officiai capacity,
the statement must identify the current occupant of the office. The docketing statement in a collateral attack on a criminal
conviction must identify the prisone~s current place of confinement and its current warden; if the prisoner has been released,
the statement must describe the nature of any ongoing custody (such as supervised release) and identify the custodian. if the
dockeUng statement is not complete and correct. the appellee must provide a complete one to the court of appeals clerk within
14 days after the date of the filing of the appellant's docketing statement.

(2) Failure to file the docketing statement within 14 days of the filing of the notice of appeal wiii lead to the imposition of a $100
fine on counsel. Failure to file the statement within 28 days of the filing of the notice of appeal will be treated as abandonment of
the appeal, and the appeal wiii be dismissed. When the appeal is docketed, the court wiii remind the litigants of these
provisions.