Tanya McDaniel v. USA, et al
| TANYA GRACE MCDANIEL |
| UNITED STATES OF AMERICA, UNIVERSITY OF CALIFORNIA, DAVIS, JANET NAPOLITANO, President, University of California, LINDA P.B. KATEHI, Chancellor, University of California Davis, UNIVERSITY OF CALIFORNIA DAVIS POLICE DEPARTMENT, ARIAS, UCD Police Officer and CITY OF DAVIS |
| 17-16335 |
| June 29, 2017 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Document Text |
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| Filing 16 Received Appellant Tanya Grace McDaniel notice regarding request for settlement. (No file order dated 10/4/18 . [11057244] (RR) [Entered: 10/23/2018 01:18 PM] |
| Filing 15 MANDATE ISSUED. (BGS, CTB and PJW) [11044677] (RL) [Entered: 10/12/2018 10:14 AM] |
| Filing 14 Filed order (BARRY G. SILVERMAN, CARLOS T. BEA and PAUL J. WATFORD) McDaniels petition for panel rehearing (Docket Entry No. [ # 13 ]) is denied. No further filings will be entertained in this closed case. [11036025] (WL) [Entered: 10/04/2018 04:00 PM] |
| Filing 13 Filed Appellant Tanya Grace McDaniel petition for panel rehearing Number of Pages 10. Deficiency: No certificate of compliance. (RESEARCH) [10934205] (RR) [Entered: 07/06/2018 04:45 PM] |
| Filing 12 FILED MEMORANDUM (BARRY G. SILVERMAN, CARLOS T. BEA and PAUL J. WATFORD) AFFIRMED in part, VACATED in part, and REMANDED.The parties shall bear their own costs on appeal. FILED AND ENTERED JUDGMENT. [10882724] (SE) [Entered: 05/23/2018 09:57 AM] |
| Filing 11 Filed original and 7 copies of Appellant Tanya Grace McDaniel (Informal: Yes) opening brief of 32 pages. Served on 02/11/2018. [10764943] (KT) [Entered: 02/15/2018 08:35 AM] |
| Filing 10 Filed clerk order (Deputy Clerk: GS): The appellants motion (Docket Entry No. [ # 9 ]) for an extension of time to file the opening brief is granted. The opening brief is now due February 12, 2018. As there is no appearance by the appellees, briefing will be complete upon the filing of the opening brief. [10690621] (RRH) [Entered: 12/14/2017 11:02 AM] |
| Filing 9 Filed Appellant Tanya Grace McDaniel motion to extend time to file appellant opening brief. Deficiencies: None. Served on 11/28/2017. [10676221]-[Edited 12/13/2017 by JFF] (JFF) [Entered: 12/04/2017 10:50 AM] |
| Filing 8 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [10649464] (CKP) [Entered: 11/09/2017 11:41 AM] |
| Filing 7 Filed clerk order (Deputy Clerk: JW): On July 3, 2017, this court issued an order staying appellate proceedings pending disposition of the motion for reconsideration in the district court. On November 8, 2017, the district court denied the motion. The stay order filed July 3, 2017, is lifted and this appeal shall proceed. Briefing shall proceed as follows: appellants opening brief is December 8, 2017. As there are no appearances for the appellees, briefing will be deemed completed upon the filing of appellants opening brief. [10649453] (CKP) [Entered: 11/09/2017 11:36 AM] |
| Filing 6 Received copy of Plaintiff's Tanya Grace McDaniel response and declaration to the order of 8/29/17 filed in district court [10577358] (RR) [Entered: 09/12/2017 09:55 AM] |
| Filing 5 Received copy of District Court order filed on 08/30/2017. After a review of plaintiffs filings and previous cases, and careful consideration of the appropriate restrictions in light of plaintiffs conduct, the court makes the following rulings: 1. The court DECLARES plaintiff Tanya Grace McDaniel to be a vexatious litigant as defined under California law. 2. The court ORDERS the following: a. Plaintiff Tanya Grace McDaniel shall not initiate any further action as a selfrepresented plaintiff in this court unless the pleadings initiating the action, which must be submitted in hard copy, are accompanied by a declaration under penalty of perjury that explains why plaintiff believes she has meritorious claims. The declarations shall include a list of all previous actions plaintiff has filed in this or any court, identifying named defendants and all claims made in the previous actions. Plaintiff shall certify that the defendants named in the proposed action have never been sued by plaintiff, or alternatively that any claims against previously sued defendants are not related to previous actions. The declaration shall also state that the claims are not frivolous or made in bad faith, and that plaintiff has conducted a reasonable investigation of the facts and the investigation supporting his claim or claims. Finally, a copy of this order shall be attached to any application; b. The Clerk shall not accept any action submitted by plaintiff Tanya Grace McDaniel as a self-represented plaintiff unless it is accompanied by the required declaration and copy of the instant order; any incomplete filings shall be returned to plaintiff without further action of the court; and c. If plaintiff Tanya Grace McDaniel submits an action as a self-represented plaintiff accompanied by the required declaration, the Clerk shall open the matter as a miscellaneous case to be considered by the General Duty Judge of this court. The judge will issue necessary orders after making a determination whether the case is in fact related to a previous case filed by plaintiff, and whether it is non-frivolous. 3. The court INSTRUCTS the Clerk of the Court provide a copy of this Order to the state Judicial Council.[10564195] (RR) [Entered: 08/30/2017 12:38 PM] |
| Filing 4 Filed Appellant Tanya Grace McDaniel response to order to show cause. Served on 07/17/2017. [10516593] (Walker, Synitha) [Entered: 07/21/2017 08:10 AM] |
| Filing 3 Streamlined request by Appellant Tanya Grace McDaniel to extend time to file the brief is not approved because it is unnecessary proceedings in this court are held in abeyance pending the district courts resolution of the pending June 28, 2017 motion. [10516182] (BG) [Entered: 07/20/2017 03:00 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The courts records reflect that the notice of appeal was filed during the pendency of a timely-filed motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The June 28, 2017 notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court are held in abeyance pending the district courts resolution of the pending June 28, 2017 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 14 days after the district courts ruling on the pending motion, appellant shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [10495907] (CKP) [Entered: 07/03/2017 12:13 PM] |
| 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 Grace McDaniel opening brief due 10/06/2017. [10492265] (RT) [Entered: 06/29/2017 11:06 AM] |
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