Steven McDonald v. James Edwards, et al
| STEVEN DARBY MCDONALD |
| JAMES EDWARDS, M.D., Medical Director, WSP, F. JOHN SMITH, M.D., Physician, WSP, G. PIERCE, Disciplinary Hearings Examiner, WSP, SCOTT FRAKES, IMS/MDT Deputy Director and K. RAINER, Mental Health Director, Olympia DOC |
| 15-35668 |
| August 20, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 10 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. [9796997] (ME) [Entered: 12/17/2015 12:58 PM] |
| Filing 9 Attorney Brian James Considine substituted by Attorney John C. Dittman. [9787833] (RL) [Entered: 12/10/2015 02:01 PM] |
| Filing 8 Filed (ECF) notice of appearance of John C. Dittman for Appellees James Edwards, Scott Frakes, G. Pierce, K. Rainer and F. John Smith. Date of service: 12/10/2015. [9787782] [15-35668] (Dittman, John) [Entered: 12/10/2015 01:49 PM] |
| Filing 7 Filed order (WILLIAM A. FLETCHER and JOHN B. OWENS) The district court has certified that this appeal is not taken in good faith and has revoked appellants in forma pauperis status. We deny appellants motion to proceed in forma pauperis because we also 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 $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. 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 order 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 order 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 court will determine whether to summarily affirm the order challenged in this appeal based on the opening brief received on September 17, 2015. 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. Briefing is suspended pending further order of this court. [9760153] (OC) [Entered: 11/18/2015 10:31 AM] |
| Filing 6 Received Appellant Steven Darby McDonald addendum to motion to proceed in forma pauperis with declaration and plra certification. Served on 09/17/2015 [9699872] (RL) [Entered: 09/29/2015 11:14 AM] |
| Filing 5 Received original and 7 copies of Appellant Steven Darby McDonald opening brief (Informal: Yes) 12 pages. Served on 09/04/2015. Major deficiencies: IFP motion pending. [9687177] (TLH) [Entered: 09/17/2015 02:59 PM] |
| Filing 4 Filed Appellant Steven Darby McDonald motion to proceed In Forma Pauperis with affidavit and PLRA statement and trust account statement. Deficiencies: None. Served on 08/23/2015. [9674806] (RL) [Entered: 09/08/2015 02:22 PM] |
| Filing 3 Received copy of District Court order filed on 09/02/2015 ORDER revoking plaintiff's in forma pauperis status. [9670263] (RL) [Entered: 09/02/2015 03:36 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. [9658053] (CKP) [Entered: 08/24/2015 03:03 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. The schedule is set as follows: Appellant Steven Darby McDonald opening brief due 11/25/2015. Appellees James Edwards, Scott Frakes, G. Pierce, K. Rainer and F. John Smith answering brief due 12/28/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9653553] (HC) [Entered: 08/20/2015 08:25 AM] |
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