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- ilnd;;1:16-cv-02432_de330 RegisterActionDate "2017-08-28" @default.
- ilnd;;1:16-cv-02432_de330 RegisterActionDescriptionText "MINUTE entry before the Honorable Edmond E. Chang: Today, a filing by Plaintiff 7C0F2BC, entitled "petition for permission to interlocutor[ily] appeal," was entered on the District Court docket. R. 326. The filing actually is captioned for the Seventh Circuit, and there is a received-stamp date of 08/14/2017 on the front page. R. 326 at 1. It is not clear if Plaintiff himself submitted the petition to the District Court, or instead the filing was transmitted from the Seventh Circuit Clerk's Office (because an interlocutory appeal motion under 28 U.S.C. 1292(b) must be presented to the District Court). In any event, to the extent that the 1292(b) motion is presented to the District Court, the motion is denied. The petition seeks to appeal R. 234, 235, and 273. The first two were entered by the previously assigned judge, and denied the dismissal motions, dismissed the amended complaint without prejudice, and gave Plaintiffs a chance to file a second amended complaint. The sprawling nature of the amended complaint justified the order, and there is no 1292(b)-type controlling question of law that is appropriate for an interlocutory appeal. R. 273 was the denial of a reconsideration motion of an order, R. 254, which granted remand of a mortgage foreclosure case that Plaintiffs tried to bring into this case. The order explained why the removal was improper, both because of a lack of federal subject matter jurisdiction that would permit a removal into an existing case, and because service in the state-court case was accomplished in 2012, so the attempted removal was untimely. The motion 326 to interlocutorily appeal thus is denied. The Clerk's Office seems to have interpreted R. 326 as an actual notice of appeal, but it is not (it is, at most, the motion to interlocutorily appeal). The notice of appeal due letter, R. 327, and the transmission of the short record, R. 328, are vacated. Emailed and mailed notice (slb, ) (Entered: 08/28/2017)" @default.
- ilnd;;1:16-cv-02432_de330 AdministrativeID "329" @default.
- ilnd;;1:16-cv-02432_de330 hasReferenceToOtherEntry ilnd;;1:16-cv-02432_de315 @default.