Darrion Alexander v. G. Ybarra, et al
| E. LOPEZ, Correctional Officer at CCI, E. BARRON, Correctional Officer at CCI, O. DELGADO, Correctional Officer at CCI, G. YBARRA, Correctional Sergeant at CCI, T. LEE, Correctional Officer at CCI, M. GARCIA, Correctional Officer at CCI and A. JOHNSON, Correctional Officer at CCI |
| DARRION LARRY ALEXANDER |
| 19-15025 |
| January 4, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 7 Received copy of amended notice of appeal from district court. [11214785] (RR) [Entered: 03/04/2019 12:35 PM] |
| Filing 6 Attorney David Carrasco in 19-15025 substituted by Attorney Cassandra Jean Shryock in 19-15025 [11211445] (RR) [Entered: 02/28/2019 12:39 PM] |
| Filing 5 Filed (ECF) notice of appearance of Cassandra J. Shryock for Appellees G. Ybarra, E. Barron, T. Lee, O. Delgado, A. Johnson, M. Garcia and E. Lopez. Substitution for David Carrasco, Esquire for Appellees E. Barron, O. Delgado, M. Garcia, A. Johnson, T. Lee, E. Lopez and G. Ybarra and Mr. Giam Minh Nguyen, Esquire for Appellees E. Barron, O. Delgado, M. Garcia, A. Johnson, T. Lee, E. Lopez and G. Ybarra. Date of service: 02/28/2019. (Party previously proceeding without counsel: No) [11210967] [19-15025] (Shryock, Cassandra) [Entered: 02/28/2019 09:42 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: JW): On January 8, 2019, this court issued an order staying appellate proceedings pending disposition of the December 17, 2018 motion in the district court. On February 6, 2019, the district court denied the motion. The stay order filed January 8, 2019, is lifted and this appeal shall proceed. A review of the district court docket reflects that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date. Consequently, appellants forma pauperis status continues in this court. Fed. R. App. P. 24(a). Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant must pay the full amount of the filing and docketing fees for this appeal when funds are available in appellants account. Consequently, within 21 days after the filing date of this order, appellant shall complete and file with this court the enclosed authorization form, which directs the prison officials at appellants institution to assess, collect, and forward to the court the $505.00 filing and docketing fees for this appeal on a monthly basis whenever funds exist in appellants trust fund account. These fees will continue to be collected regardless of the date or manner of disposition of this appeal. See 28 U.S.C. 1915(b)(2) and (e)(2). Appellant is not responsible for payment when the funds in appellants prison trust account total less than $10, but payments must resume when additional deposits are made or funds are otherwise available. If appellant fails to comply with this order, the appeal may be dismissed by the Clerk. See 9th Cir. R. 42-1. The previously established briefing schedule remains in effect. The Clerk shall serve this order and a prisoner authorization form on appellant. [11188945] (CKP) [Entered: 02/13/2019 01:06 PM] |
| Filing 3 Added attorney Giam Minh Nguyen for O. Delgado M. Garcia E. Lopez G. Ybarra T. Lee E. Barron A. Johnson, in case 19-15025. (omitted from docket in error) [11148153] (JBS) [Entered: 01/10/2019 10:05 AM] |
| 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 January 9, 2019 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 December 17, 2018 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. [11145145] (CKP) [Entered: 01/08/2019 11:41 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Darrion Larry Alexander opening brief due 03/04/2019. Appellees E. Barron, O. Delgado, M. Garcia, A. Johnson, T. Lee, E. Lopez and G. Ybarra answering brief due 04/02/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11142171] (JPD) [Entered: 01/04/2019 02:50 PM] |
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