B. T., et al v. Regents of California, et al
| B. T., a minor, AKA Jane Doe and L. T., her natural guardian |
| REGENTS OF CALIFORNIA, SAN DIEGO STATE UNIVERSITY, College of Professional Studies and Fine Arts, GENE LAMKE, Professor, JESSE DIXON, Professor and Individually of the Recreation Department, COUNTY OF SAN DIEGO, AL GUERREN, Assistant Sheriff, BOLWERK, Sergeant, YAMAMOTO, Sergeant, LAWSON, Sergeant, FINLEY, Lt., WALLACE, Sergeant, WILLIS, Deputy, HERNANDEZ, Lt., DONNA DUNCAN, Deputy and Individually, CHURCH OF SCIENTOLOGY, and their members, BILL MCDANIEL, individually, JULIA MCDANIEL, individually, SKIP WILLIAMS, DAVID MORSE & ASSOCIATES, and their employees, SPRING VALLEY SCHOOL DISTRICT, SWEETWATER SPRINGS ELEMENTARY SCHOOL, JOHN PARSONS, Principal, STRICKLAND, Mr., Teacher, BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, SONYA WRIGHT, Dean, DIANE JACOBS, SAN DIEGO COUNTY SHERIFF'S DEPARTMENT, MICHAEL HERNANDEZ, ROSE, Sgt., BUCHER, Deputy, MARILYN, TBD, PERT Deputy, WENDY, TBD, AKA Wendy Belger, JULIE MCDANIEL, JUDY MCDANIEL, LA MESA VALLEY SCHOOL DISTRICT, WILLIAM GORE, Sherrif and KIRK THOMSON, Detective |
| 13-56745 |
| October 7, 2013 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 20 Received Appellant L. T. notice requesting copy of court's order filed 5/12/14. (order sent). [9131541] (RR) [Entered: 06/13/2014 11:02 AM] |
| Filing 19 MANDATE ISSUED. (EL, CMC and ADH) [9120864] (RR) [Entered: 06/05/2014 09:46 AM] |
| Filing 18 Filed order (EDWARD LEAVY, CONSUELO M. CALLAHAN and ANDREW D. HURWITZ) Appellants third motion for an extension of time to respond to the courts December 18, 2013 order to show cause is granted. The response has been filed. Appellants motion to submit an oversize response is granted. A review of the record and the response to the order to show cause demonstrates 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 judgment. No further filings will be entertained in this closed case. AFFIRMED. [9091257] (BJB) [Entered: 05/12/2014 11:46 AM] |
| Filing 17 Filed UNDER SEAL Appellant L. T. response to order to show cause and motion to submit an oversized response. Served on 02/27/2014. [9005416] (JFF) [Entered: 03/06/2014 02:43 PM] |
| Filing 16 Received UNDER SEAL notice of change of address dated 02/24/2014 from L. T. [9000761] (JFF) [Entered: 03/04/2014 10:33 AM] |
| Filing 15 Filed Appellants renewed extension of time due to family medical emergency to file a response to order to show cause. Served on 02/20/2014. [8987876] (EL) [Entered: 02/21/2014 02:32 PM] |
| Filing 14 Filed Appellant L. T. motion to extend time to comply with the order. Served on 02/14/2014. [8982209] (JFF) [Entered: 02/18/2014 03:56 PM] |
| Filing 13 Filed clerk order (Deputy Clerk: LSC): Appellants second motion for an extension of time to respond to the courts December 18, 2013 order to show cause is granted. The response is now due February 28, 2014. If appellant elects to show cause, a response may be filed within 10 days after service of appellants filing. If appellant fails to file a response, the Clerk shall dismiss this appeal for failure to prosecute. See 9th Cir. R. 42-1. Briefing remains suspended. [8974103] (BJB) [Entered: 02/11/2014 10:34 AM] |
| Filing 12 Filed Appellant L. T. motion to extend time to file response to order to show cause. Served on 01/28/2014. [8962690] (JFF) [Entered: 02/03/2014 10:43 AM] |
| Filing 11 Filed clerk order (Deputy Clerk: LSC): Appellants late motion for an extension of time to file a response to the order to show cause is granted. Appellants response is now due January 29, 2014. If appellant elects to show cause, a response may be filed within 10 days after service of appellants filing. If appellant fails to file a response, the Clerk shall dismiss this appeal for failure to prosecute. See 9th Cir. R. 42-1. Briefing remains suspended. [8940899] (BJB) [Entered: 01/16/2014 09:48 AM] |
| Filing 10 Filed Appellant L. T. late motion for extension of time to file a response to the order to show cause. Served on 01/08/2014. [8935384] (JFF) [Entered: 01/13/2014 01:56 PM] |
| Filing 9 Received notification from District Court re: payment of docket fee. Amount Paid: USD 455.00. Date paid: 01/08/2014. [8930561] (RT) [Entered: 01/08/2014 04:48 PM] |
| Filing 8 Fee status changed ( [Case Number 13-56745: Due] ). [8907376] (BJB) [Entered: 12/18/2013 02:51 PM] |
| Filing 7 Filed order (STEPHEN R. REINHARDT and ANDREW D. HURWITZ) Appellee Wendys, TBD, aka Wendy Belger, motion to dismiss appeal for failure to prosecute is denied. The district court has certified that this appeal is not taken in good faith and has revoked appellants in forma pauperis status. Our review of the record confirms that appellant is not entitled to in forma pauperis status for this appeal because we find the appeal is frivolous. See 28 U.S.C. 1915(a). 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 $455.00 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 court judgment 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 judgment challenged in this appeal should not be summarily affirmed. See 9th Cir. R. 3-6. If appellant elects to show cause, a response may be filed within 10 days after service of appellants filing. 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. [8907367] (BJB) [Entered: 12/18/2013 02:50 PM] |
| Filing 6 Filed (ECF) Appellee Wendy Motion to dismiss case for failure to prosecute (Cir. Rule 42-1). Date of service: 12/11/2013. [8897571] (Roistacher, Lee) [Entered: 12/11/2013 01:16 PM] |
| Filing 5 Received copy of District Court order filed on 10/15/2013. Order revokin IFP status[8823819] (JFF) [Entered: 10/16/2013 03:28 PM] |
| Filing 4 Added attorney Lee H. Roistacher for Wendy [8821469] (JFF) [Entered: 10/15/2013 02:03 PM] |
| Filing 3 Filed (ECF) notice of appearance of Lee H. Roistacher for Appellee Wendy. Date of service: 10/15/2013. [8821314] (Roistacher, Lee) [Entered: 10/15/2013 01:04 PM] |
| Filing 2 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [8820233] (CKP) [Entered: 10/14/2013 05:52 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANTS. SEND MQ: No. The schedule is set as follows: Appellants B. T. and L. T. opening brief due 01/13/2014. Appellees Board of the Trustee of the California State University, Bolwerk, Bucher, Church of Scientology, County of San Diego, David Morse & Associates, Jesse Dixon, Donna Duncan, Finley, William Gore, Al Guerren, Hernandez, Michael Hernandez, Diane Jacobs, La Mesa Valley School District, Gene Lamke, Lawson, Marilyn, Bill McDaniel, Judy McDaniel, Julia McDaniel, Julie McDaniel, John Parsons, Regents of California, Rose, San Diego County Sheriff Department, San Diego State University, Spring Valley School District, Strickland, Sweetwater Springs Elementary School, Kirk Thomson, Wallace, Wendy, Skip Williams, Willis, Sonya Wright and Yamamoto answering brief due 02/11/2014. Appellant's optional reply brief is due 14 days after service of the answering brief. [8813081] (RT) [Entered: 10/08/2013 10:13 AM] |
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