Louis Peets v. Scott Kernan, et al
| JERRY BROWN, Jr., VALERIE VILLARREAL, CARMEN HAMILTON, DERRALL SHELDON, Jr., PIUS AMAH, KEITH HARLAN KNAUF, XOCHILT MORALES DE MARTINEZ, MOHAMED RAGAB, ALEXANDER VALUISKI, CHAIM ZAKLOS, CHARLES WALKER, SAMUEL VIRGEN GARCIA, C. VANENBURG, J. MATHEWS and T. VANG |
| LOUIS IVESTER PEETS |
| SCOTT KERNAN, Secretary of CDCR, KATHLEEN ALLISON, Director of CDCR's Adult Institutions, ROBERT W. FOX, Warden, Warden, RICHARD TOWNSEND, Correctional Officer, DAVID MALDONADO, Community Resources Manager, THOMAS HUNTLEY, Custody Captain, JAMES APPLEBERRY, Custody Lieutenant, CHRISTOPHER TILESTON, Associate Warden and Chief Disciplinary Officer, DANIEL E. CUEVA, Warden, Chief Deputy Warden, J. DOMINGUEZ, Appeals Examiner, M. VOONG, Chief of Inmate Appeals, DAVID WAYNE HALEY, Correctional Counselor II, MAYLENE BOUCHER, Unit IV Captain and PAUL SHLEFFAR, Head Rabbi |
| 21-16395 |
| August 25, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 5 Filed order MEDIATION (SL): This case is RELEASED from the Mediation Program. The briefing schedule previously set by the court is amended as follows: appellant's opening brief is due November 5, 2021; appellees' answering brief is due December 6, 2021; appellant's optional reply brief is due within 21 days from the service date of the answering brief. Counsel are requested to contact the Circuit Mediator by email (stephen_liacouras@ca9.uscourts.gov) should circumstances develop that warrant settlement discussions. [12250933] (AF) [Entered: 10/07/2021 01:48 PM] |
| Filing 4 Filed order MEDIATION (SML): A dial-in telephone conference will be held on October 07, 2021, at 10:00 a.m. Pacific Time. Each participants will receive an email with dial-in information. The briefing schedule previously set by the court is amended as follows: appellant's opening brief is due October 22, 2021; appellees' answering brief is due November 22, 2021; appellant's optional reply brief is due within 21 days from the service date of the answering brief. By October 18, 2021, appellant shall complete and file with this court the authorization form attached to this courts August 26, 2021 order, which directs the prison officials at appellant's institution to assess, collect, and forward to the court the $505.00 filing and docketing fees for this appeal on a monthly basis whenever funds exist in appellant's trust fund account. These fees will continue to be collected regardless of the date or manner of disposition of this appeal. See 28 U.S.C. 1915(b)(2) and (e)(2). Appellant is not responsible for payment when the funds in appellants prison trust account total less than $10.00, but payments must resume when additional deposits are made or funds are otherwise available. [12229679] (RT) [Entered: 09/15/2021 03:57 PM] |
| Filing 3 Filed order MEDIATION (VS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. As part of a pilot project, the Mediation Program is exploring settlement potential in some cases in which one party is proceeding pro se (representing themselves without the assistance of an attorney). This case is being included in the pilot project. The court has scheduled a dial-in telephone assessment conference at the date and time indicated above to explore settlement potential. Participants with an email address on the attached list will receive an email with dial-in information. If an email address is not listed or if there are any changes or additions to the list, please notify the Mediation Office at mediation@ca9.uscourts.gov. Participants may also leave a message at (415) 355-7900 to request dial-in information. Finally, please notify Circuit Mediator Stephen Liacouras immediately by email (stephen_liacouras@ca9.uscourts.gov) if a participant has an unavoidable scheduling conflict. Please copy all participants on any such communications. All emails should include the Ninth Circuit case name and number in the subject line. All written or spoken communication with the mediator, including the discussions during the scheduled conference, are strictly confidential mediation communications protected by Ninth Circuit Rule 33-1 and cannot be disclosed outside the mediation process. Additional information about confidentiality (including a copy of Ninth Circuit Rule 33-1), the assessment conference, and the Mediation Program are attached and can also be found at the Mediation Program website (www.ca9.uscourts.gov/mediation). The briefing schedule previously set by the court remains in effect. (Date: September 15, 2021 Time: 10:00 a.m. Pacific Time) (SEE ORDER FOR FULL TEXT) [12213778] (AF) [Entered: 08/27/2021 01:45 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The appeal filed July 29, 2021 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 applies. The briefing schedule is established as follows: appellants opening brief is due September 23, 2021; appellees answering brief is due October 21, 2021; and appellants optional reply brief is due within 21 days after service of the answering brief. The appeal and any motions pending at the time briefing is completed will be referred to the next available motions panel for disposition. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). A review of the district court docket reflects that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date. Consequently, appellant's forma pauperis status continues in this court. Fed. R. App. P. 24(a). Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant must pay the full amount of the filing and docketing fees for this appeal when funds are available in appellant's account. Consequently, within 21 days after the filing date of this order, appellant shall complete and file with this court the enclosed authorization form, which directs the prison officials at appellant's institution to assess, collect, and forward to the court the $505.00 filing and docketing fees for this appeal on a monthly basis whenever funds exist in appellant's trust fund account. These fees will continue to be collected regardless of the date or manner of disposition of this appeal. See 28 U.S.C. 1915(b)(2) and (e)(2). Appellant is not responsible for payment when the funds in appellants prison trust account total less than $10.00, but payments must resume when additional deposits are made or funds are otherwise available. Failure to file timely the opening brief will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12212861] (CKP) [Entered: 08/26/2021 04:26 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT . SEND MQ: No. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [12211509] (RT) [Entered: 08/25/2021 02:15 PM] |
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