Green v. Warden et al
| Michael Green and Kevin Dean Brewer |
| Warden, J. Garcia, J. Giurbino, Warden M. Pollard, Fuerte, N. Castro, E. Frijas and B.D. Phillips |
| 3:2021cv00588 |
| April 5, 2021 |
| US District Court for the Southern District of California |
| William V Gallo |
| Janis L Sammartino |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr |
| Plaintiff |
Docket Report
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Filing 8
ORDER of USCA as to #5 Notice of Appeal to the 9th Circuit filed by Michael Green. A review of the USDC's docket reflects that the USDC denied appellant leave to proceed in forma pauperis pursuant to 28 28 U.S.C. 1915(g) and certified that any appeal would not be frivolous. The USCA may dismiss a case at any time, if the USCA 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. If the USCA dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). The briefing schedule for this appeal is stayed. (akr)
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| Filing 7 USCA Time Schedule Order as to #5 Notice of Appeal to the 9th Circuit filed by Michael Green. (akr) |
| Filing 6 USCA Case Number 21-55448 for #5 Notice of Appeal to the 9th Circuit filed by Michael Green. (akr) |
| Filing 5 NOTICE OF APPEAL to the 9th Circuit by Michael Green aka Kevin Dean Brewer as to #4 Clerk's Judgment. Fee not paid. (In #3 Order, the US District Court certified "that an IFP appeal from this Order would be frivolous pursuant to 28 U.S.C. 1915(a)(3)." Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr) |
| Filing 4 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Court denies Plaintiff's Motion to Proceed IFP as barred by 28 U.S.C. 1915(g); dismisses this civil action sua sponte without prejudice for failing to prepay the $402 civil and administrative filing fees required by 28 U.S.C. 1914(a); and certifies that an IFP appeal from this Order would be frivolous pursuant to 28 U.S.C. 1915(a)(3). (All non-registered users served via U.S. Mail Service) (tcf) |
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Filing 3
ORDER: (1) Denying Motion to Proceed In Forma Pauperis as Barred by 28 U.S.C. 1915(g) and (2) Dismissing Civil Action without Prejudice for Failure to Pay Filing Fee Required by 28 U.S.C. 1914(a). Signed by Judge Janis L. Sammartino on 4/20/2021. (All non-registered users served via U.S. Mail Service) (tcf)
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| Filing 2 Prisoner Trust Fund Account Statement by Michael Green. (jms) |
| Filing 1 COMPLAINT With Jury Demand Against Warden, E. Frijas, J. Giurbino, B.D. Phillips, N. Castro, Fuerte, J. Garcia, M. Pollard, filed by Michael Green. ($402.00 Filing Fee, Fee Not Paid, IFP Not Filed) (Attachments: #1 Civil Cover Sheet, #2 CDCR Cover Sheet)The new case number is 3:21-cv-588-JLS-WVG. Judge Janis L. Sammartino and Magistrate Judge William V. Gallo are assigned to the case.[Case in Screening per 28 USC 1915] (jms)(jrd) |
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