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Stewart v. Uchtman

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 22, 2010

AARON STEWART, PLAINTIFF,
v.
ALAN UCHTMAN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Herndon, Chief Judge

MEMORANDUM AND ORDER

This matter is before the Court on Plaintiff's motion to recall the mandate and vacate order (Doc. 25). This Court denied Plaintiff leave to proceed in forma pauperis and directed Plaintiff to pay the full $350 filing fee. See (Doc. 5). When Plaintiff failed to pay the filing fee as directed, this Court dismissed Plaintiff's complaint. See (Doc. 6). Plaintiff filed a notice of appeal (Doc. 11), and this Court denied his motion to proceed in forma pauperis on appeal. See (Doc. 18). The Seventh Circuit Court of Appeals dismissed the appeal after Plaintiff failed to pay the appellate filing fees. See (Doc. 20). The Seventh Circuit also directed this Court to collect the appellate filing fees using the mechanism of 28 U.S.C. § 1915(b). Id.

In the instant motion, Plaintiff asks the Seventh Circuit Court of Appeals to recall its mandate. An examination of this motion indicates that Plaintiff intended to file his motion with the Seventh Circuit Court of Appeals, not with this Court. The motion is captioned "In the United States Court of Appeals" and contains the case number assigned by the Seventh Circuit. Furthermore, this Court has no authority to recall a mandate issued by the Seventh Circuit Court of Appeals. Therefore, in the interest of justice, Plaintiff's motion to recall the mandate (Doc. 25) is TRANSFERRED to the Seventh Circuit Court of Appeals. See 28 U.S.C. § 1631.

IT IS SO ORDERED.

David R Herndon DISTRICT JUDGE

20100322

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