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   Federal Courts - 7th Circuit Court of Appeals - April 2, 2007

  
Brandt v. Bd. of Educ. , Nos. 06-1999, 06-2573, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 2, 2007, Decided
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Campbell v. Clarke, No. 06-3138, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 2, 2007, Decided
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Overview: Inmate's motion seeking leave to proceed in forma pauperis on appeal was denied. He had three strikes under 28 U.S.C.S. § 1915(g) because he had filed same frivolous civil rights suit in two district courts and had then filed appeal. Inmate was barred from applying for in forma pauperis relief in future, given his prior attempts to defraud courts.

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Floroiu v. Gonzales, No. 06-1333, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 2, 2007, Decided
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Overview: Because the IJ who denied the aliens' request for withholding of removal departed from his judicial role and showed a clear bias against the aliens by referring to them as religious zealots and describing their religious practice as offensive, the aliens were denied a reasonable opportunity to put on their case as mandated by 8 U.S.C.S. § 1229a.

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Hanawi v. Gonzales, No. 06-3344, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 2, 2007, Decided
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Overview: Alien's petition for review was dismissed because he sought review of exercise of discretion regarding cancellation of removal under 8 U.S.C.S. § 1229b, but such decisions were not reviewable by court even though alien argued that IJ abused his discretion by failing to thoroughly review record, and nothing in REAL ID Act of 2005 altered result.

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Hayes v. Cingular Wireless LLC, No. 05-3903, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 2, 2007, Decided
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Overview: Appellate court lacked jurisdiction over plaintiff's arguments concerning dismissal of his complaint because he did not timely appeal dismissal orders under Fed. R. App. P. 4(a)(1)(A), and by failing to address only two orders to which appeal was limited, orders striking motions to amend and to reconsider, plaintiff waived any challenge to them.

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Reischel v. Mfrs. & Traders Trust Co., No. 06-3301, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 2, 2007, Decided
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Overview: A bankruptcy court did not abuse its discretion when it lifted automatic stay under 11 U.S.C.S. § 362(d) and dismissed debtor's second bankruptcy petition after debtor violated 180 day refiling bar that bankruptcy court had imposed pursuant to 11 U.S.C.S. § 109(g)(1). Refiling bar was appropriate, given debtor's failure to prosecute prior petition.

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United States v. Askew, No. 06-1592, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 2, 2007, Decided
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Overview: In Anders brief, counsel considered whether defendant could challenge reasonableness of his new, lower prison sentence, but such a challenge would be frivolous. District court gave meaningful consideration to factors set forth in 18 U.S.C.S. § 3553(a) and counsel was unable to articulate any basis for arguing that sentence imposed was unreasonable.

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