USA v. Devendra Patel
| DEVENDRA I. PATEL, M.D., AKA Devendrakumar I. Patel, M.D. |
| UNITED STATES OF AMERICA |
| 19-10171 |
| May 17, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 10 Filed clerk order (Deputy Clerk: DL): On June 13, 2019, this court ordered appellant, within 28 days, to: (1) retain counsel who shall file a notice of appearance and make the necessary arrangements to pay the docketing and filing fees of $505.00 to the clerk of the district court and provide proof of payment to this court; or (2) file a motion for appointment of counsel at government expense; or (3) inform the court in writing of appellants clear and unequivocal request that the court exercise its discretion to permit appellant to proceed on appeal without the assistance of counsel. See 9th Cir. R. 4- 1(d); Martinez v. Court of Appeal, 528 U.S. 152 (2000). Appellant was warned that failure to comply with the June 13, 2019, order may result in the dismissal of the appeal for failure to prosecute. See 9th Cir. 42-1. To date, appellant has not complied with the courts order. Appellant shall have one final opportunity to respond. Within 21 days after the date of this order, appellant shall file the response required by the courts June 13, 2019, order. Briefing continues suspended pending further court order. Failure to comply with this order will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1; Gen. Order 2.3. The Clerk shall serve this order, and the June 13, 2019, order on appellant individually at Reg. No. 54504-048, 223 Greencrest Drive, Spring Creek, NV 89815. [11361789] (RT) [Entered: 07/12/2019 11:43 AM] |
| Filing 9 Filed (ECF) Appellee USA response to Court order dated 06/13/2019. Date of service: 06/14/2019. [11331202] [19-10171] (White, Elizabeth) [Entered: 06/14/2019 09:06 AM] |
| Filing 8 Terminated Lance Maningo for Devendra I. Patel in 19-10171 [11329631] (JBS) [Entered: 06/13/2019 10:03 AM] |
| Filing 7 Filed order (Appellate Commissioner): The renewed motion of appellants retained counsel, Lance A. Maningo, Esq., to withdraw as appellants counsel of record (Docket Entry No. [ # 6 ]) is granted. The Clerk shall amend this courts docket to reflect that Lance A. Maningo, Esq., is no longer appellants counsel of record for this appeal. In this criminal appeal, appellant appears on the courts docket as proceeding pro se, although appellant may be entitled to appointment of counsel at government expense. Within 28 days after the date of this order, appellant shall: (1) retain counsel who shall file a notice of appearance; or (2) file a motion for appointment of counsel at government expense accompanied by a completed financial affidavit (Form CJA 23); or (3) inform the court in writing of appellants clear and unequivocal request that the court exercise its discretion to permit appellant to proceed on appeal without the assistance of counsel. See 9th Cir. R. 4- 1(d); Martinez v. Court of Appeal, 528 U.S. 152 (2000). A new briefing schedule shall be established upon compliance with this order. Failure to comply with this order may result in the dismissal of this appeal for failure to prosecute. See 9th Cir. R. 42-1. The Clerk shall serve this order and a Form CJA 23 on Assistant United States Attorney Sudabeh Fahami, counsel for appellee. Within 14 days after the date of this order, counsel Fahami shall serve this order and the Form CJA 23 on appellant and provide proof of service to this court showing appellants registration number and current address. The Clerk shall serve this order on former counsel. (AppComm Direct Criminal) [11329629] (JBS) [Entered: 06/13/2019 10:03 AM] |
| Filing 6 Filed (ECF) Appellant Devendra I. Patel Renewed motion. Attorney(s) Attorney Lance Maningo for Appellant Devendra I. Patel motion to withdraw as counsel, Motion for miscellaneous relief [motion to extend time for Appellant to retain counsel or proceed pro se]. Date of service: 06/12/2019. [11329246] --[COURT ENTERED FILING to correct entry [5] .] (TYL) [Entered: 06/12/2019 04:51 PM] |
| Filing 5 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 6 ]. Original Text: Filed (ECF) Appellant Devendra I. Patel Renewed motion. Attorney(s) Attorney Lance Maningo for Appellant Devendra I. Patel motion to withdraw as counsel. Date of service: 06/12/2019. [11328204] [19-10171] (Maningo, Lance) [Entered: 06/12/2019 11:20 AM] |
| Filing 4 Filed (ECF) Appellant Devendra I. Patel Correspondence: Certificate of Service re: Court's Order [Docket No. 3]. Date of service: 05/28/2019 [11310999] [19-10171] (Maningo, Lance) [Entered: 05/28/2019 04:56 PM] |
| Filing 3 Filed order (Appellate Commissioner): The motion of Lance A. Maningo, Esq., to withdraw as appellants retained counsel (Docket Entry No. [ # 2 ]) is denied without prejudice to renewal within 21 days after the date of this order, accompanied by: (1) a substitution of counsel showing that new counsel has been retained; (2) a motion for appointment of counsel, accompanied by a completed financial affidavit (Form CJA 23), if the defendant is financially unable to obtain representation on appeal; (3) a motion by the defendant to proceed pro se; or (4) an affidavit or signed statement from the defendant showing that the defendant has been advised of defendants rights with regard to the appeal and expressly stating that the defendant wishes to dismiss the appeal voluntarily. See 9th Cir. R. 4-1(c). Counsel has the duty to continue to represent appellant until relieved by this court. See 9th Cir. R. 4-1(a). Failure to submit a timely renewed motion or to prosecute this appeal may subject counsel to the imposition of sanctions. In the absence of filing a renewed motion to withdraw, the briefing schedule established previously shall remain in effect. The Clerk shall serve this order and a Form CJA 23 on appellants counsel Lance A. Maningo, Esq. Within 7 days after the date of this order, counsel Maningo shall serve this order on appellant and provide this court proof of service, including appellants address and registration number. (AppComm Direct Criminal) [11305453] (JBS) [Entered: 05/22/2019 10:00 AM] |
| Filing 2 Filed (ECF) Appellant Devendra I. Patel motion. Attorney(s) Attorney Lance Maningo for Appellant Devendra I. Patel motion to withdraw as counsel. Date of service: 05/21/2019. [11304320] [19-10171] (Maningo, Lance) [Entered: 05/21/2019 11:35 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: 37 Months. Transcript ordered by 06/06/2019. Transcript due 07/08/2019. Appellant briefs and excerpts due by 08/15/2019 for Devendra I. Patel. Appellee brief due 09/16/2019 for United States of America. Appellant's optional reply brief is due 21 days after service of the answering brief. [11301295] (JPD) [Entered: 05/17/2019 11:39 AM] |
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