Kevin Andres v. Marshall, et al
| KEVIN LAMARR ANDRES |
| MARSHALL, Correctional Officer at RJ Donovan, R. OLSON, CCII Appeals Coordinator, J. RAMIREZ, CCII Appeals Coordinator and BRIGGS, Chief of Appeals |
| 15-56057 |
| July 8, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 38 Filed order (A. WALLACE TASHIMA, EDWARD LEAVY and RAYMOND C. FISHER) We treat Andress filing (Docket Entry No. [ # 37 ]) as a motion to refund the filing fee, and deny the motion. Although Andres is entitled to costs on appeal, the filing fee for the notice of appeal is taxable in the district court. See Fed. R. App. P. 39(e)(4). [11011025] (OC) [Entered: 09/13/2018 02:58 PM] |
| Filing 37 Filed Appellant Kevin Lamarr Andres motion to recall the mandate. Deficiencies: None. Served on 03/10/2018. [10811974] (JFF) [Entered: 03/26/2018 10:48 AM] |
| Filing 36 MANDATE ISSUED. (JCW, EL and RCF) [10564045] (RR) [Entered: 08/30/2017 11:27 AM] |
| Filing 35 Filed order and amended opinion (J. CLIFFORD WALLACE, EDWARD LEAVY and RAYMOND C. FISHER) The opinion filed April 21, 2017, and published at 854 F.3d 1103, is amended. An amended opinion is filed concurrently with this order. Defendants-Appellees petition for rehearing, filed June 2, 2017 (Dkt. 32), is denied as moot. Appellants Response to Defendants Appeal, filed June 16, 2017 (Dkt. 33), is construed as an unrequested answer to the petition for panel rehearing and, as such, is ordered stricken. See Fed. R. App. P. 40(a)(3) (Unless the court requests, no answer to a petition for panel rehearing is permitted.). Petitions for rehearing may be filed regarding the amended opinion. [10536286] (RMM) [Entered: 08/08/2017 07:15 AM] |
| Filing 34 Filed Appellant Kevin Lamarr Andres ex parte motion to proceed In Forma Pauperis. Deficiencies: None. Served on 07/29/2017. [10535903] (JFF) [Entered: 08/07/2017 03:46 PM] |
| Filing 33 Filed Appellant Kevin Lamarr Andres response to defendant's appeal.. Deficiencies: None. Served on. [10477257] (Turcios, Margoth) [Entered: 06/16/2017 02:48 PM] |
| Filing 32 Filed (ECF) Appellees Briggs, Marshall, R. Olson and J. Ramirez petition for panel rehearing (from 04/21/2017 opinion). Date of service: 06/02/2017. [10458301] [15-56057] (Huynh, Neah) [Entered: 06/02/2017 03:39 PM] |
| Filing 31 Filed (ECF) Appellees Briggs, Marshall, R. Olson and J. Ramirez Correspondence: Notice of Compliance re: Undeliverable Mail. Date of service: 05/26/2017 [10451053] [15-56057] (Huynh, Neah) [Entered: 05/26/2017 04:38 PM] |
| Filing 30 Mail returned on 05/25/2017 addressed to Kevin Lamarr Andres, re: 5/15/17 order. Returned envelope reads: return to sender. Resending to: counsel for appellee. [10448795] (Turcios, Margoth) [Entered: 05/25/2017 01:41 PM] |
| Filing 29 Filed order (J. CLIFFORD WALLACE, EDWARD LEAVY and RAYMOND C. FISHER) Appellees motion for an extension of time to file a petition for rehearing (Docket Entry No. [ # 28 ]) is granted. Any petition for rehearing is due by June 2, 2017. [10434256] (Buccinio, Gabriela) [Entered: 05/15/2017 12:35 PM] |
| Filing 28 Filed (ECF) Appellees Briggs, Marshall, R. Olson and J. Ramirez Motion to extend time to file petition for rehearing until 06/02/2017. Date of service: 04/28/2017. [10414677] [15-56057] (Huynh, Neah) [Entered: 04/28/2017 09:18 AM] |
| Filing 27 Added attorney Neah Huynh for J. Ramirez Briggs R. Olson Marshall, in case 15-56057. [10413846] (JFF) [Entered: 04/27/2017 02:11 PM] |
| Filing 26 Filed (ECF) notice of appearance of Neah Huynh for Appellees Briggs, Marshall, R. Olson and J. Ramirez. Date of service: 04/27/2017. [10413683] [15-56057] (Huynh, Neah) [Entered: 04/27/2017 01:14 PM] |
| Filing 25 Filed Appellant Kevin Lamarr Andres motion withdrawal of appeal and motion for copy of court's docket. Deficiencies: None. Served on 04/15/2017. [10407553] (JFF) [Entered: 04/24/2017 09:58 AM] |
| Filing 24 Filed memorandum (J. CLIFFORD WALLACE, EDWARD LEAVY and RAYMOND C. FISHER) Andres motions to take judicial notice (Docket Entry Nos. 16 and 17) are granted. Andres motion to amend and supplement claim (Docket Entry No. 16) is denied. Andres motions to appoint counsel (Docket Entry Nos. 16 and 20) are denied. Andres motion to withdraw (Docket Entry No. 21) is denied as moot. Appellees shall bear the costs on appeal. AFFIRMED. [10405448] (RMM) [Entered: 04/21/2017 08:12 AM] |
| Filing 23 FILED PER CURIAM OPINION (J. CLIFFORD WALLACE, EDWARD LEAVY and RAYMOND C. FISHER) Appellees shall bear the costs on appeal. VACATED and REMANDED. FILED AND ENTERED JUDGMENT. [10405436] (RMM) [Entered: 04/21/2017 08:04 AM] |
| Filing 22 Filed Appellant Kevin Lamarr Andres letter dated re: letter of inquiery. Paper filing deficiency: None. [10335143] (JFF) [Entered: 02/27/2017 04:16 PM] |
| Filing 21 Filed Appellant Kevin Lamarr Andres motion for withdrawal of claim, for void of claim, for void of fee. Motion for void if fees. Deficiencies: None. Served on 01/15/2017. [10281574] (JFF) [Entered: 01/26/2017 02:14 PM] |
| Filing 20 Filed Appellant Kevin Lamarr Andres motion to appoint counsel. Deficiencies: None. Served on 10/29/2016. [10186244] (JFF) [Entered: 11/04/2016 10:16 AM] |
| Filing 19 Filed Appellant Kevin Lamarr Andres letter dated 07/18/2016 re: questions on case. Paper filing deficiency: None. [10061058] (JFF) [Entered: 07/25/2016 09:48 AM] |
| Filing 18 Filed clerk order (Deputy Clerk: GB): Appellants motion to withdraw his motion for void of court fees, and motion to withdraw from case (Docket Entry No. [ # 16 ]) is granted. Docket Entry No. 15 is deemed withdrawn. Appellants motion to amend and supplement claim (Docket Entry No. [ # 16 ]), motion for appointment of counsel (Docket Entry No. [ # 16 ]), and motions to take judicial notice (Docket Entry Nos. [ # 16 ], [ # 17 ]) are referred to the panel that will consider the merits of the appeal. [10047235] (Buccinio, Gabriela) [Entered: 07/12/2016 11:42 AM] |
| Filing 17 Filed Appellant Kevin Lamarr Andres motion to take judicial notice. Deficiencies: None. Served on 05/09/2016. [9989234] (JFF) [Entered: 05/24/2016 02:54 PM] |
| Filing 16 Filed Appellant Kevin Lamarr Andres motion to take judicial notice, motion to drop the withdrawl motion and continue claim, motion to amend and suplement claim, and motion for counsel. Deficiencies: None. Served on 05/09/2016. [9988963] (JFF) [Entered: 05/24/2016 01:23 PM] |
| Filing 15 Filed Appellant Kevin Lamarr Andres motion for void of court fees, and motion to withdraw from case. Deficiencies: None. Served on 04/26/2016. [9961774] (JFF) [Entered: 05/03/2016 09:25 AM] |
| Filing 14 Received 7 paper copies of Answering brief [ # 10 ] filed by appellees. [9797438] (SD) [Entered: 12/17/2015 02:56 PM] |
| Filing 13 Filed Appellees' paper copies of excerpts of record [ # 11 ] in 2 volume(s). [9797209] (TLH) [Entered: 12/17/2015 02:11 PM] |
| Filing 12 Filed clerk order: The answering brief [ # 10 ] submitted by appellees is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [ # 11 ] submitted by appellees. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9793880] (TLH) [Entered: 12/15/2015 04:03 PM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellees Briggs, Marshall, R. Olson and J. Ramirez. Date of service: 12/14/2015. [9790902] [15-56057] (Snyder, Sylvie) [Entered: 12/14/2015 11:17 AM] |
| Filing 10 Submitted (ECF) Answering Brief for review. Submitted by Appellees Briggs, Marshall, R. Olson and J. Ramirez. Date of service: 12/14/2015. [9790883] [15-56057] (Snyder, Sylvie) [Entered: 12/14/2015 11:10 AM] |
| Filing 9 Streamlined request [8] by Appellees Briggs, Marshall, R. Olson and J. Ramirez to extend time to file the brief is approved. Amended briefing schedule: Appellees Briggs, Marshall, R. Olson and J. Ramirez answering brief due 12/14/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9744444] (LKK) [Entered: 11/04/2015 11:12 AM] |
| Filing 8 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Marshall, R. Olson, J. Ramirez and Briggs. New requested due date is 12/14/2015. [9744136] [15-56057] (Snyder, Sylvie) [Entered: 11/04/2015 09:29 AM] |
| Filing 7 Filed original and 7 copies of Appellant Kevin Lamarr Andres (Informal: Yes) opening brief of 12 pages. Served on 09/11/2015. [9687192] (TLH) [Entered: 09/17/2015 03:03 PM] |
| Filing 6 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner completed authorization fee order. [9624837] (CKP) [Entered: 07/28/2015 11:02 AM] |
| Filing 5 Received PLRA authorization response from appellant. Dated 07/21/2015. [Case Number 15-56057: Partially Paid] [9624740] (JFF) [Entered: 07/28/2015 10:31 AM] |
| Filing 4 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner fee authorization form sent to prisoner. [9607106] (CKP) [Entered: 07/13/2015 09:20 AM] |
| Filing 3 Received copy of District Court order filed on 07/10/2015 to proceed In Forma Pauperis. [9606160] (JFF) [Entered: 07/10/2015 01:38 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. [9603032] (CKP) [Entered: 07/08/2015 02:02 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Kevin Lamarr Andres opening brief due 10/14/2015. Appellees Briggs, Marshall, R. Olson and J. Ramirez answering brief due 11/13/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9602370] (SML) [Entered: 07/08/2015 10:05 AM] |
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