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TERMED,APPEAL,1983pr,PROSE

U.S. District Court

Southern District of Iowa (Central)

CIVIL DOCKET FOR CASE #: 4:12−cv−00137−REL

Internal Use Only

Cornell et al v. Schulte et al
Assigned to: Senior Judge Ronald E. Longstaff
Cause: 42:1983 Prisoner Civil Rights

Plaintiff

Robert Alan Cornell

Date Filed: 04/02/2012
Date Terminated: 05/21/2012
Jury Demand: None
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question

represented by Robert Alan Cornell

080725
FORT DODGE CORRECTIONAL
FACILITY
1550 L STREET
FORT DODGE, IA 50501
PRO SE

Plaintiff

Donnalou M Cornell

V.

Defendant

Carol Schulte

Defendant

Donald Hanson

Defendant

Lula Hanson

Defendant

Paula Geise

Defendant

Sandra Stanhope

Defendant

Sally Kelly

Defendant

Allen Memorial Hospital

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Defendant

Bruce McDonald

Defendant

Mary Ann Brown

Defendant

Cynthia Danielson

Defendant

Laura Krehbiel

Defendant

Todd Chelf

Defendant

Julia Patterson

Defendant

Lee County Bank and Trust

Defendant

Daniel Larmore

Defendant

Rachel Upton

Defendant

Barbara Murphy

Date Filed

# Page Docket Text

04/02/2012

1

COMPLAINT against Allen Memorial Hospital, Mary Ann Brown, Todd
Chelf, Cynthia Danielson, Paula Geise, Donald Hanson, Lula Hanson, Sally
Kelly, Laura Krehbiel, Daniel Larmore, Lee County Bank and Trust, Bruce
McDonald, Barbara Murphy, Julia Patterson, Carol Schulte, Sandra Stanhope,
and Rachel Uptonfiled by Donnalou M Cornell and Robert A Cornell.
(Attachments: # 1 Cover Letter) (sc) (Entered: 04/02/2012)

04/02/2012

2

MOTION for Leave to Proceed in forma pauperis by Robert A Cornell. (sc)
(Entered: 04/02/2012)

04/02/2012

Partial Filing fee: $25, receipt number 400006111, by Robert A Cornell. (sc)
(Entered: 04/02/2012)

05/18/2012

3

INITIAL REVIEW ORDER dimissing case. Signed by Senior Judge Ronald
E. Longstaff on 5/18/2012. (fm) (Entered: 05/18/2012)

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05/29/2012

4

06/11/2012

5

08/28/2012

6

09/17/2012

09/25/2012

11/15/2012

7

8

9

11/20/2012

10

12/12/2012

11

12/14/2012

12

JUDGMENT in favor of Allen Memorial Hospital, Lee County Bank and
Trust, Barbara Murphy, Bruce McDonald, Carol Schulte, Cynthia Danielson,
Daniel Larmore, Donald Hanson, Julia Patterson, Laura Krehbiel, Lula
Hanson, Mary Ann Brown, Paula Geise, Rachel Upton, Sally Kelly, Sandra
Stanhope, Todd Chelf against Donnalou M Cornell, Robert A Cornell. Signed
by Clerk Marjorie Krahn on 5/29/2012. (sk, ) (Entered: 05/29/2012)

MOTION for Extension of Time to File application for reconsideration or
correction of judgment, amended complaint and appointment of counsel by
Robert A Cornell. Responses due by 6/28/2012 (sk, ) Modified text on
7/6/2012 (ljf, ). (Entered: 06/11/2012)

ORDER re 5 Motion for Extension of Time. Request for appointment of
counsel DENIED. Plaintiff must file any additional support for request for
reconsideration on or before 9/14/12. See Order for particulars. Signed by
Senior Judge Ronald E. Longstaff on 8/28/2012. (mel) (Entered: 08/28/2012)

NOTICE of change of address and submittion of Appendix A and B to be
attached to 9/11/12 correspondence by Robert A Cornell. (sc) (Entered:
09/17/2012)

MOTION for Extension of Time to File by Robert A Cornell. Responses due
by 10/12/2012 (sk, ) (Entered: 09/25/2012)

NOTICE by Robert A Cornell (sk, ) (Entered: 11/15/2012)

ORDER granting 8 Motion for Extension of Time to File. Signed by Senior
Judge Ronald E. Longstaff on 11/19/2012. (jm) (Entered: 11/20/2012)

ORDER. This case remains closed. See Order for particulars. Signed by
Senior Judge Ronald E. Longstaff on 12/12/2012. (fm) (Entered: 12/12/2012)

MOTION for Reconsideration re 4 Judgment, by Robert Alan Cornell.
Responses due by 12/31/2012 (sk, ) (Entered: 12/14/2012)

01/04/2013

13

5 ORDER denying 12 Motion for Reconsideration. Signed by Senior Judge

Ronald E. Longstaff on 1/4/2013. (jm) (Entered: 01/04/2013)

01/04/2013

14

MOTION for Reconsideration (to Vacate Order and Reinstate Action) re 4
Judgment, by Robert Alan Cornell. Responses due by 1/22/2013
(Attachments: # 1 Envelope) (don, ) (Entered: 01/04/2013)

01/10/2013

15

6 ORDER DENYING 14 Motion for Reconsideration. See Order for particulars.

Signed by Senior Judge Ronald E. Longstaff on 1/10/2013. (mel) (Entered:
01/10/2013)

01/22/2013

16

8 NOTICE OF APPEAL as to 15 Order on Motion for Reconsideration, 11

Order, 6 Order on Motion for Extension of Time to File, 13 Order on Motion
for Reconsideration, 10 Order on Motion for Extension of Time to File, 4
Judgment, by Robert Alan Cornell. (don, ) (Entered: 01/22/2013)

01/22/2013

17

01/22/2013

18

MOTION for Leave to Appeal in forma pauperis by Robert Alan Cornell.
(don, ) (Entered: 01/22/2013)

MOTION to Appoint Counsel by Robert Alan Cornell. Responses due by
2/8/2013 (don, ) (Entered: 01/22/2013)

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03/20/2013

19

11 ORDER denying 17 Motion for Leave to Appeal in forma pauperis; denying
18 Motion to Appoint Counsel Signed by Senior Judge Ronald E. Longstaff
on 3/20/2013. (ptb, ) (Entered: 03/20/2013)

03/21/2013

20

13 NOTIFICATION OF APPEAL and NOA Supplement by District Court Clerk

to USCA re 16 Notice of Appeal, filed on 1/22/2013. (vr) (Entered:
03/21/2013)

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Case 4:12-cv-00137-REL Document 13 Filed 01/04/13 Page 1 of 1

CENTRAL DIVISION

IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF IOWA

ROBERT A. CORNELL AND DONNALOU
M. CORNELL,

No. 4:12-cv-00137-REL

Plaintiffs,

ORDER

vs.

CAROL SCHULTE, et al,

Defendants.

This case was dismissed on May 18, 2012, and judgment was entered on May 29, 2012.

Plaintiff Cornell then filed a request for time to file a motion for reconsideration, and several

requests for additional time to provide support for the motion.

On November 20, 2012, the Court entered an order stating that any support for a request

for reconsideration must be filed on or before December 7, 2012, and that no further extensions

of time would be granted. On December 14, 2012, the Court received Plaintiff’s Application

to Reconsider. ECF No. 12. Although the application appears to have been filed beyond the

date set in the Court’s prior order, the Court has reviewed the application. Nothing in the

application provides a basis for altering the Court’s order dismissing this case.

The Application to Reconsider (ECF No. 12) is denied. The case remains closed.

IT IS SO ORDERED.

Dated this 4th day of January, 2013.

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Case 4:12-cv-00137-REL Document 15 Filed 01/10/13 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF IOWA

CENTRAL DIVISION

ROBERT A. CORNELL AND DONNALOU
M. CORNELL,

No. 4:12-cv-00137-REL

Plaintiffs,

ORDER

vs.

CAROL SCHULTE, et al,

Defendants.

The Court has before it Plaintiff’s Motion to Vacate Judgment and Reinstate Judgment.

ECF No. 14. Cornell seeks reconsideration of the dismissal of his case on May 18, 2012, and

provides support for his assertion that he attempted to file his Motion for Reconsideration by the

December 7, 2012, deadline set forth in the Court’s prior order.

Cornell filed a Motion for Reconsideration (ECF No. 12) on December 14, 2012, that

was denied by this Court on January 4, 2012. In denying the motion, the Court noted that it

was unclear whether the motion was filed in compliance with the deadline set by the Court. The

Court considered, however, the merits of Cornell’s Motion for Reconsideration and denied the

motion on the merits.

For the same reason set forth in that order (ECF No. 13), the current motion to vacate

judgment (ECF No. 14) is denied. The case remains closed.

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Case 4:12-cv-00137-REL Document 15 Filed 01/10/13 Page 2 of 2

IT IS SO ORDERED.

Dated this 10th day of January, 2013.

2

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Case 4:12-cv-00137-REL Document 19 Filed 03/20/13 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF IOWA

CENTRAL DIVISION

ROBERT A. CORNELL AND DONNALOU
M. CORNELL,

No. 4:12-cv-00137-REL

Plaintiffs,

ORDER

vs.

CAROL SCHULTE, DONALD HANSON,
LULA HANSON, PAULA GEISE,
SANDRA STANHOPE, SALLY KELLY,
ALLEN MEMORIAL HOSPITAL, BRUCE
MCDONALD, MARY ANN BROWN,
CYNTHIA DANIELSON, LAURA
KREHBIEL, TODD CHELF, JULIA
PATTERSON, LEE COUNTY BANK AND
TRUST DANIEL LARMORE, RACHEL
UPTON, AND BARBARA MURPHY,

Defendants.

The Court has before it Plaintiff’s Motion for Leave to Appeal in Forma Pauperis (ECF

No. 17) and Motion to Appoint Counsel (ECF No. 18).

Under Rule 24(a) of the Federal Rules of Appellate Procedure a party who has been

granted permission to proceed in forma pauperis in district court may continue to proceed in that

status on appeal unless the court certifies that the appeal is not taken in good faith. Under 28

U.S.C. § 1915(a) “[a]n appeal may not be taken in forma pauperis if the trial court certifies in

writing that it is not taken in good faith.” “Good faith” in these provisions means not only the

absence of improper motive, but “presentation of any issue that is not plainly frivolous.” Ellis v.

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Case 4:12-cv-00137-REL Document 19 Filed 03/20/13 Page 2 of 2

United States, 356 U.S. 674 (1958) (1915(a)); Lucien v. Roegner, 682 F.2d. 625, 626 (7th Cir.

1982) (Fed. R. App. P. 24(a)).

This appeal is certified as frivolous, and therefore taken in bad faith, for the reasons set

out in the May 18, 2012, order. Permission to proceed in forma pauperis on appeal (ECF No.

17) is denied. The Request for Appointment of Counsel (ECF No. 18) is denied.

If plaintiff still wishes to pursue the appeal in forma pauperis, plaintiff must file a motion

to proceed in forma pauperis with the Eighth Circuit under Fed. R. App. P. 24(a). Upon filing a

Rule 24(a) motion, plaintiff immediately will be responsible for paying the $455 appellate fee

either on the installment plan, or all at once if plaintiff has three dismissals under § 1915(g).

IT IS SO ORDERED.

Dated this __20th__ day of March, 2013.

2

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Case 4:12-cv-00137-REL Document 20 Filed 03/21/13 Page 1 of 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA

OFFICE OF THE CLERK

P. O. BOX 9344

DES MOINES, IA. 50306-9344

515-284-6248

Civil Case Notice of Appeal Supplement

COUNSEL FOR APPELLANT PLEASE COMPLETE AND SUBMIT WITH NOTICE OF APPEAL

Case Name: _____________________________ vs. _________________________________

District Court Case # ____:____- cv - _________

Appeal Fee ($455.oo) Status Pd___ IFP___ Pending ___ Govt. Appeal ___

Counsel Appointed ____ CJA ____ Retained ____ Pro Se____

Appeal filed by Counsel____ Pro Se____

Any reason why counsel should not be appointed___________________________________

Pending post Judgment motions: Yes___ No___

Type of Motion(s)_____________________________________________________________

High Public Interest Case Yes_____ No_____

Simultaneous Opinion Release Requested Yes____ No____

Trial Held Yes_____ No_____

Jury Trial Held Yes_____ No_____

Court Reporter Yes ____ No_____ Length of Trial _________________

Reporter’s Name ___________________________

Address ___________________________________

____________________________________________

Phone ____________________

Transcript Ordered Yes_____ No_____

Appealing: Order prior to final judgment ____ Final Judgment____

Completed Form “A” Enclosed Yes_____ No____

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