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Dee Farmer v. Edward Brennan, Dennis Kurzydlo, Larry E. Dubois

Citations: 11 F.3d 668; 1992 U.S. App. LEXIS 38277; 1992 WL 551148Docket: 92-1772

Court: Court of Appeals for the Seventh Circuit; August 7, 1992; Federal Appellate Court

Narrative Opinion Summary

Dee Farmer appealed to the United States Court of Appeals for the Seventh Circuit, challenging decisions made by the district court in the Western District of Wisconsin. The appeal included a petition for leave to file and proceed on appeal in forma pauperis, submitted on May 28, 1992, and a motion to consolidate cases, filed on July 17, 1992. After reviewing the final order of the district court and the appeal record, the panel of Circuit Judges (Coffey, Flaum, and Ripple) found that the issues raised by Farmer were insubstantial. The court determined that further briefing would not aid in the consideration of the case, citing precedent that allows for decisions based solely on motion papers and the record when additional argument is deemed unnecessary. Consequently, the court denied Farmer's motion to proceed in forma pauperis and summarily affirmed the district court's decision. Additionally, the motion to consolidate cases was denied as moot.

Legal Issues Addressed

In Forma Pauperis Under Federal Rules

Application: The court denied the petition for leave to proceed in forma pauperis, determining the issues raised were insubstantial.

Reasoning: Consequently, the court denied Farmer's motion to proceed in forma pauperis and summarily affirmed the district court's decision.

Mootness of Motion to Consolidate Cases

Application: The court denied the motion to consolidate cases as moot following the summary affirmation of the lower court's decision.

Reasoning: Additionally, the motion to consolidate cases was denied as moot.

Summary Affirmation of Lower Court Decisions

Application: The appellate court summarily affirmed the district court's decision, concluding that further briefing was unnecessary due to the insubstantial nature of the issues.

Reasoning: The court determined that further briefing would not aid in the consideration of the case, citing precedent that allows for decisions based solely on motion papers and the record when additional argument is deemed unnecessary.