Alex Mendoza v. Jeffrey Beard
| ALEX KERMITH MENDOZA |
| JEFFREY A. BEARD |
| 15-56250 |
| August 17, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 29, 2016. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 8 Filed order (Deputy Clerk: ELF) On November 18, 2015, this court found that this appeal is frivolous and denied appellants motions to proceed in forma pauperis. The court stated in its November 18, 2015 order that [n]o motions for reconsideration, clarification, or modification of the denial of appellants motions to proceed in forma pauperis shall be filed or entertained. Accordingly, no action will be taken on appellants December 10, 2015 motion for rehearing. Further, the court ordered appellant, if he wishes to pursue this appeal despite the courts finding that it is frivolous, within 21 days, to pay the filing fees and show cause why the judgment in this appeal should not be summarily affirmed. The order warned appellant that failure to comply would result in the automatic dismissal of the appeal by the Clerk of the Court. To date, appellant has not complied with the courts order. Accordingly, this appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1. This order served on the district court shall act as and for the mandate of this court. [9847697] (OC) [Entered: 01/29/2016 04:26 PM] |
| Filing 7 Filed Appellant Alex Kermith Mendoza motion for rehearing with suggestion of rehearing en banc. Deficiencies: None. [9791959] (RR) [Entered: 12/14/2015 04:53 PM] |
| Filing 6 Filed order (WILLIAM A. FLETCHER and N. RANDY SMITH) 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 motions 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 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. [9760196] (OC) [Entered: 11/18/2015 10:47 AM] |
| Filing 5 Filed Appellant Alex Kermith Mendoza motion to proceed In Forma Pauperis with exhibits. Deficiencies: None. [9711910] (RR) [Entered: 10/08/2015 11:56 AM] |
| Filing 3 Received copy of District Court order filed on 09/10/2015. Denying motion for leave to appeal IFP. [9684708] (RR) [Entered: 09/16/2015 10:49 AM] |
| Filing 4 Received Appellant Alex Kermith Mendoza communications to the court respecting the "Time Schedule Order". [9685920] (RR) [Entered: 09/16/2015 06:05 PM] |
| Filing 2 Filed Appellant Alex Kermith Mendoza motion to proceed In Forma Pauperis. Deficiencies: None. [9653145] (RR) [Entered: 08/19/2015 03:32 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF APPELLANT IN PRO SE AND NO APPEARANCE FOR APPELLEE. SEND MQ: No. The schedule is set as follows: Transcript ordered by 09/14/2015. Transcript due 12/14/2015. Appellant Alex Kermith Mendoza opening brief due 01/25/2016. [9649646] (BG) [Entered: 08/17/2015 02:41 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
| Search for this case: Alex Mendoza v. Jeffrey Beard | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff / appellant: ALEX KERMITH MENDOZA | |
| Represented By: | Alex Kermith Mendoza |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant / appellee: JEFFREY A. BEARD | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
