William Mercer v. Andre Matevousian, et al
| ANDRE MATEVOUSIAN, Warden, HESS, Assistant Warden and DAY |
| WILLIAM MERCER |
| 19-15028 |
| January 4, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 7 Filed Appellant William Mercer motion to extend time to comply with the order dated 02/13/2019. Deficiencies: No certificate of service. (In Letter Form) [11212090] (RR) [Entered: 02/28/2019 04:23 PM] |
| Filing 6 Filed Appellant William Mercer letter dated 02/01/2019 re: opening brief. Paper filing deficiency: No proof of service. [11201864] (RR) [Entered: 02/20/2019 05:23 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: CO): 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that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked by the district court to date. However, a review of court records reflects that appellant has had three or more actions or appeals dismissed as frivolous or for failure to state a claim. See District Court for the Western District of Louisiana (Alexandria) case numbers 1:11-cv-01497-JTT-JDK, 1:11-cv-01498-JTT-JDK, and 1:11-cv-01499-DDD-JDK. A prisoner with three prior actions dismissed as frivolous or for failure to state a claim may proceed in forma pauperis only if the prisoner is under imminent danger of serious physical injury. See 28 U.S.C. 1915(g)). Within 21 days after the date of this order, appellant shall either: (1) file a statement showing why appellants in forma pauperis status should not be revoked in this appeal pursuant to 28 U.S.C. 1915(g); or, (2) pay to the district court $505.00 for the filing and docketing fees for this appeal AND file in this court proof that the $505.00 was paid. If appellant files a statement, appellees may file a response within 10 days after service of appellants statement. If appellant fails to comply with this order, the appeal will be dismissed automatically by the Clerk under Ninth Circuit Rule 42-1. Briefing is stayed pending further order of this court. [11188957] (CKP) [Entered: 02/13/2019 01:11 PM] |
| Filing 2 Streamlined request by Appellant William Mercer to extend time to file the brief is approved. Amended briefing schedule: Appellant William Mercer opening brief due 04/03/2019. Appellees Day, Hess and Andre Matevousian answering brief due 05/03/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11179317] (JN) [Entered: 02/05/2019 10:29 AM] |
| Filing 4 Filed Appellant William Mercer motion to proceed In Forma Pauperis; appointment of counsel. Deficiencies: No proof of service. [11181840] (RR) [Entered: 02/06/2019 04:52 PM] |
| Filing 3 Filed original and 0 copies of Appellant William Mercer (Informal: No) opening brief of 14 pages. Served on 01/28/2019. [11181324] (KT) [Entered: 02/06/2019 01:54 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant William Mercer opening brief due 03/04/2019. Appellees Day, Hess and Andre Matevousian answering brief due 04/02/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11142446] (JPD) [Entered: 01/04/2019 04:07 PM] |
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