Tanya McDaniel v. USA, et al
| TANYA GRACE MCDANIEL |
| UNITED STATES OF AMERICA, UNIVERSITY OF CALIFORNIA, DAVIS, LINDA P.B. KATEHI, Chancellor, University of California, Davis, CITY OF DAVIS, California, JANET NAPOLITANO, President of Universities and NSA |
| 15-16656 |
| August 20, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 6 Filed order (Deputy Clerk: ME) Pursuant to Circuit Rule 42-1, this appeal is dismissed for failure to pay fees. This order served on the district court shall constitute the mandate of this court. [9756659] (ME) [Entered: 11/16/2015 11:50 AM] |
| Filing 5 Filed order (RONALD M. GOULD and JAY S. BYBEE) 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. Appellants motion for appointment of counsel is denied. No motions for reconsideration, clarification, or modification of these denials 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. This court can affirm on any basis supported by the record. See, e.g., Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir. 2008). 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 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. [9724124] (OC) [Entered: 10/20/2015 08:55 AM] |
| Filing 4 Filed Appellant Tanya McDaniel motion for appointment of counsel. Deficiencies: None. [9702882] (JFF) [Entered: 09/30/2015 04:31 PM] |
| Filing 3 Received copy of District Court order filed on 08/20/2015 Motion to proceed in forma pauperis denied. [9657000] (JFF) [Entered: 08/24/2015 08:56 AM] |
| Filing 2 Filed Appellant Tanya McDaniel motion to proceed In Forma Pauperis. Deficiencies: None. Served on 08/18/2015. [9653869] (RT) [Entered: 08/20/2015 10:42 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Tanya McDaniel opening brief due 11/27/2015. [9653861] (RT) [Entered: 08/20/2015 10:37 AM] |
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