Martin v. NSA Director P. Nekeson
| Lance R. Martin |
| NSA Director P. Nekeson |
| 3:2020cv00058 |
| January 8, 2020 |
| US District Court for the Southern District of California |
| Cathy Ann Bencivengo |
| Bernard G Skomal |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 bv |
| None |
Docket Report
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Filing 11
ORDER of USCA as to #5 Notice of Appeal to the 9th Circuit filed by Lance R. Martin. A review of the USDC's docket reflects that the USDC has certified that this appeal is not taken in good faith and has revoked appellant's in forma pauperis status. The USCA may dismiss a case at any time, if the court determines the case is frivolous. Within 35 days after the date of this order, appellant must: (1) file a motion to dismiss this appeal, see Fed. R. App. P. 42(b), or (2) file a statement explaining why the appeal is not frivolous and should go forward. If appellant files a statement that the appeal should go forward, appellant also must: (1) file in the USCA a motion to proceed in forma pauperis, OR (2) pay to the USDC $505.00 for the filing and docketing fees for this appeal AND file in the USCA proof that the $505.00 was paid. If appellant does not respond to this order, the Clerk will dismiss this appeal for failure to prosecute, without further notice. If appellant files a motion to dismiss the appeal, the Clerk will dismiss this appeal, pursuant to Federal Rule of Appellate Procedure 42(b). If appellant submits any response to this order other than a motion to dismiss the appeal, the USCA may dismiss this appeal as frivolous, without further notice. The briefing schedule for this appeal is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, (2) a form statement that the appeal should go forward, and (3) a Form 4 financial affidavit. Appellant may use the enclosed forms for any motion to dismiss the appeal, statement that the appeal should go forward, and/or motion to proceed in forma pauperis. (akr)
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| Filing 10 Second NOTICE OF APPEAL to the 9th Circuit by Lance R. Martin as to #4 Clerk's Judgment. (USCA Case Number 20-55134. Second Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr) |
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Filing 9
ORDER Determining Appeal is Not Taken in Good Faith. Upon review, the Court HEREBY DETERMINES that the appeal from this Court's order dismissing the complaint is not taken in good faith pursuant to 28 U.S.C. 1915(a)(3), and in forma pauperis status should not continue for this appeal. Signed by Judge Cathy Ann Bencivengo on 2/10/2020. (USCA Case Number 20-55134. Order electronically transmitted to the US Court of Appeals. All non-registered users served via U.S. Mail Service.) (akr)
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| Filing 8 REFERRAL NOTICE from USCA as to #5 Notice of Appeal to the 9th Circuit filed by Lance R. Martin. This matter is referred to the USDC for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. If the USDC elects to revoke in forma pauperis status, the USDC is requested to notify the USCA and the parties of such determination within 21 days of the date of this referral. If the USDC does not revoke in forma pauperis status, such status will continue automatically for this appeal pursuant to FRAP 24(a). This referral shall not affect the briefing schedule previously established by the USCA. (akr) |
| Filing 7 USCA Time Schedule Order as to #5 Notice of Appeal to the 9th Circuit filed by Lance R. Martin. (akr) |
| Filing 6 USCA Case Number 20-55134 for #5 Notice of Appeal to the 9th Circuit filed by Lance R. Martin. (akr) |
| Filing 5 NOTICE OF APPEAL to the 9th Circuit by Lance R. Martin as to #4 Clerk's Judgment. IFP Status. (Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr) |
| Filing 4 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that Plaintiffs allegations are unintelligible, mostly conclusory, and fail to state a claim that is plausible. For the foregoing reasons, it is hereby ordered that Plaintiffs Motion to Proceed IFP is GRANTED and the Complaint is DISMISSED without leave to amend as frivolous and for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2)(B). Case Closed. It is SO ORDERED.(All non-registered users served via U.S. Mail Service)(anh) |
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Filing 3
ORDER Granting Application for Leave to Proceed In Forma Pauperis and Sua Sponte Dismissing Complaint. Signed by Judge Cathy Ann Bencivengo on 1/13/2020. (All non-registered users served via U.S. Mail Service)(anh)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Lance R. Martin. (smd) |
| Filing 1 COMPLAINT against NSA Director P. Nekeson, IFP Filed, filed by Lance R. Martin. (Attachments: #1 Civil Cover Sheet)The new case number is 3:20-cv-58-CAB-BGS. Judge Cathy Ann Bencivengo and Magistrate Judge Bernard G. Skomal are assigned to the case. (Martin, Lance)(smd) |
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| Plaintiff: Lance R. Martin | |
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| Defendant: NSA Director P. Nekeson | |
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