Waseem Daker v. Samantha Mokwa
| SAMANTHA ANN MOKWA |
| WASEEM DAKER |
| 14-55653 |
| April 23, 2014 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 20 MANDATE ISSUED. (MMS, SRT and NRS) [9342195] (RR) [Entered: 12/09/2014 11:08 AM] |
| Filing 19 Filed order (MARY M. SCHROEDER, SIDNEY R. THOMAS and N. RANDY SMITH) On September 23, 2014, this court granted appellants motion for extension of time to file his motion for reconsideration and directed appellant to file his motion for reconsideration on or before October 7, 2014. Appellants motion for reconsideration and petition for rehearing was served on October 5, 2014. Because appellant is a prisoner, appellants motion for reconsideration and petition for rehearing is timely filed. See Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266, 270 (1988). Accordingly, the motion to recall the mandate is granted. The mandate is recalled. Appellants motion to stay appellate proceedings is denied. Appellants motion for reconsideration and petition for rehearing is construed as a motion for reconsideration of the courts September 23, 2014 order summarily affirming the district courts February 6, 2014 and March 24, 2014 orders. So construed, the motion is denied. See 9th Cir. R. 27-10. No further filings shall be entertained in this closed case. The mandate shall issue is due course. [9324518] (WL) [Entered: 11/24/2014 01:42 PM] |
| Filing 18 Filed Appellant Waseem Daker motion to recall the mandate; motion to consider motion for reconsideration and petition for rehearing. Deficiencies: None. [9302555] (RR) [Entered: 11/05/2014 11:30 AM] |
| Filing 17 Filed Appellant Waseem Daker motion to reconsider Panel order of the Court filed on 08/21/2014 and petition for rehearing. Deficiencies: Late by 13 days. No proof of service attached. [9286022] (RR) [Entered: 10/22/2014 10:13 AM] |
| Filing 16 MANDATE ISSUED. (MMS, SRT and NRS) [9280957] (RR) [Entered: 10/17/2014 12:57 PM] |
| Filing 15 Filed order (MARY M. SCHROEDER, SIDNEY R. THOMAS and N. RANDY SMITH) Appellants motion to extend time to file petition for rehearing or motion for reconsideration is granted. Appellants petition for rehearing or motion for reconsideration is due on or before October 7, 2014. [9249932] (WL) [Entered: 09/23/2014 10:37 AM] |
| Filing 14 Filed Appellant Waseem Daker motion to extend time to file petition for rehearing or motion for reconsideration. Deficiencies: None. [9240948] (RR) [Entered: 09/15/2014 03:17 PM] |
| Filing 13 Filed order (MARY M. SCHROEDER, SIDNEY R. THOMAS and N. RANDY SMITH) A review of the district court record and appellants July 28, 2014 response to the courts June 11, 2014 order demonstrate that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam) (stating standard). Accordingly, we summarily affirm the district courts February 6, 2014 and March 24, 2014 orders. AFFIRMED. [9214044] (WL) [Entered: 08/21/2014 01:31 PM] |
| Filing 12 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 07/31/2014. [9194993] (HH) [Entered: 08/06/2014 08:58 AM] |
| Filing 10 Filed clerk order (Deputy Clerk: SM):On July 28, 2014, appellant filed a motion to stay appellate proceedings and a motion for an extension of time to pay the $505 docketing and filing fees for this appeal. The motion to stay appellate proceedings is denied. The motion for an extension of time to pay the $505 docketing and filing fees is granted in part. Within 21 days of this order, appellant shall have one final opportunity to comply fully with the courts June 11, 2014 order and pay $505.00 to the district court as the docketing and filing fees for this appeal and file proof of payment with this court. As stated in the June 11, 2014 order, because the court has found that this appeal is frivolous, the district courts orders entered February 6, 2014 and March 24, 2014 may be summarily affirmed even if appellant pays the fees. Failure to comply with the courts orders shall result in the dismissal of this appeal for failure to prosecute. See 9th Cir. R. 42-1. If the appeal is dismissed for failure to comply fully with the courts June 11, 2014 order, the court will not entertain any motion to reinstate the appeal that is not accompanied by proof of payment of the docketing and filing fees. Briefing remains suspended pending further order of the court. [9186951] (WL) [Entered: 07/30/2014 09:50 AM] |
| Filing 11 Filed Appellant Waseem Daker letter dated 07/28/2014 re: fee payment. Paper filing deficiency: None. [9188781] (JFF) [Entered: 07/31/2014 10:24 AM] |
| Filing 9 Filed Appellant Waseem Daker motion to extend time to comply with the order dated 06/11/2014, request for stay. Deficiencies: None. Served on 07/23/2014. [9185165] (CW) [Entered: 07/29/2014 10:30 AM] |
| Filing 8 Filed Appellant Waseem Daker response to osc. Served on 07/23/2014. [9184773] (CW) [Entered: 07/29/2014 08:56 AM] |
| Filing 7 Filed clerk order (Deputy Clerk: SM): Appellants motion of an extension of time to comply with the courts June 11, 2014 order is granted. Pursuant to the June 11, 2014 order, if appellant wishes to pursue this appeal despite the courts finding that it is frivolous then, on or before August 1, 2014, appellant shall pay $505.00 to the district court as the docketing and filing fees for this appeal and file proof of payment with this court. Otherwise, the appeal will be dismissed by the Clerk for failure to prosecute, regardless of further filings. See 9th Cir. R. 42-1. As stated in the June 11, 2014 order, because the court has found that this appeal is frivolous, the district courts orders entered on February 6, 2014 and March 24, 2014 may be summarily affirmed even if appellant pays the fees. If appellant pays the fees and files proof of such payment in this court, appellant therefore shall simultaneously show cause why the orders challenged in this appeal should not be summarily affirmed. See 9th Cir. R. 3-6. If appellant pays the fees but fails to file a response to this order, the Clerk shall dismiss this appeal for failure to prosecute. See 9th Cir. R. 42-1. If the appeal is dismissed for failure to comply with the courts June 11, 2014 order, the court will not entertain any motion to reinstate the appeal that is not accompanied by proof of payment of the docketing and filing fees and a response to the order to show cause. Briefing remains suspended pending further court order. [9160074] (WL) [Entered: 07/08/2014 01:12 PM] |
| Filing 6 Filed Appellant Waseem Daker motion to extend time to pay appeal and docketing fees and to respond to court's 6/11/14 show cause order. Deficiencies: None. [9153837] (RR) [Entered: 07/02/2014 10:36 AM] |
| Filing 5 Filed order (RONALD M. GOULD and MARY H. MURGUIA) Appellants motion to proceed in forma pauperis is denied because we find that the appeal is frivolous. If appellant wishes to pursue this appeal despite the courts finding that it is frivolous then, within 21 days after the date of this order, appellant shall pay $505.00 to the district court as the docketing and filing fees for this appeal and file proof of payment with this court. Otherwise, the appeal will be dismissed by the Clerk for failure to prosecute, regardless of further filings. See 9th Cir. R. 42-1. No motions for reconsideration, clarification, or modification of the denial of appellants in forma pauperis status shall be entertained.Because the court has found that this appeal is frivolous, the district courts orders entered on February 6, 2014 and March 24, 2014 may be summarily affirmed even if appellant pays the fees. If appellant pays the fees and files proof of such payment in this court, appellant therefore shall simultaneously show cause why the orders challenged in this appeal should not be summarily affirmed. See 9th Cir. R. 3-6. If appellant pays the fees but fails to file a response to this order, the Clerk shall dismiss this appeal for failure to prosecute. See 9th Cir. R. 42-1. If the appeal is dismissed for failure to comply with this order, the court will not entertain any motion to reinstate the appeal that is not accompanied by proof of payment of the docketing and filing fees and a response to the order to show cause. Briefing is suspended pending further order of this court. [9128935] (WL) [Entered: 06/11/2014 03:19 PM] |
| Filing 4 Received notice of change of address dated 05/21/2014 from Waseem Daker. Current new address: 2164 HWY 147, Reidsville, GA 30499. [9117605] (RR) [Entered: 06/03/2014 10:18 AM] |
| Filing 3 Filed Appellant Waseem Daker motion to proceed In Forma Pauperis. Deficiencies: None. Served on 05/11/2014. [9105110] (RR) [Entered: 05/21/2014 06:47 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [9070837] (CKP) [Entered: 04/24/2014 10:35 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF APPELLANT IN PRO SE AND NO APPEARANCE OF COUNSEL FOR APPELLEE. SEND MQ: No. The schedule is set as follows: Fee due from Appellant Waseem Daker on 04/21/2014. Appellant Waseem Daker opening brief due 07/30/2014. [9069003] (JN) [Entered: 04/23/2014 09:10 AM] |
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| Defendant / appellee: SAMANTHA ANN MOKWA | |
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| Plaintiff / appellant: WASEEM DAKER | |
| Represented By: | Waseem Daker |
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