Ruben Valdez v. Jeffrey Beard, et al
| OLIVEIRA, A. PACILLAS, Correctional Counselor, A. LACKOVIC, Dr., E. VASQUEZ, Chief Deputy Warden, C. GIPSON, Warden, D. MAYFIELD, Correctional Counselor, J. TABER, Sergeant, S. ROUSSEAU, Captain, CAMPBELL, T. KRAAY, Sergeant, A. KELLOGG, Sergeant, K. MATA, Correctional Counselor, P. SANCHEZ, Correctional Counselor, LESTER, R. S. LAMBERT, Chief Deputy Warden, M. ESCOBAR, Classification Staff Representative, D. MCGUIRE, Correctional Counselor, M. JENNINGS, Chief Deputy Warden, H. HOLLAND, Sergeant, J. SMITH, Associate and Chief Deputy Warden, D. PRINCE, Psychologist, D. PATTERSON, Correctional Counselor, T. GALAVIZ, Correctional Counselor, DAVEY, S. PINA, Institutional Gang Investigator, J. CANO, Assistant Institutional Gang Investigator, J. MAHONEY, Psy. D, J. C. GARCIA, Institutional Gang Investigator, JEFFREY A. BEARD, Secretary of Corrections, PEREZ, WILSON, J. EDGAR, Psychologist, ROMO, R. CHAVEZ, Correctional Counselor, A. MAYO, Institutional Gang Investigator and B. CASTORENA, Classification Staff Representative |
| RUBEN VALDEZ |
| 19-15142 |
| January 28, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 7 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner completed authorization fee order. [11240863] (CKP) [Entered: 03/25/2019 12:03 PM] |
| Filing 6 Received PLRA authorization response from appellant. Dated 03/19/2019. [Case Number 19-15142: Partially Paid] [11239865] (JFF) [Entered: 03/22/2019 04:16 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: CO): The court has received and reviewed the parties responses to this courts January 30, 2019 order to show cause. Appellant attests that he delivered the notice of appeal to prison authorities on January 14, 2019, within 30 days after entry of the district courts judgment. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c)(1). Accordingly, the order to show cause is discharged. The opening brief is due April 8, 2019; the answering brief is due May 8, 2019; and the optional reply brief is due within 21 days after service of the answering brief. Because appellant is proceeding without counsel, the excerpts of record requirement is waived. See 9th Cir. R. 30-1.2. Appellees supplemental excerpts of record are limited to the district court docket sheet, the notice of appeal, the judgment or order appealed from, and any specific portions of the record cited in appellees brief. See 9th Cir. R. 30-1.7. 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 appellant's 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 appellant's 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 $10.00, 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 Clerk shall serve this order and a prisoner authorization form on appellant. [11222649] (CKP) [Entered: 03/11/2019 11:20 AM] |
| Filing 4 Filed (ECF) Appellees D. Patterson, J. C. Garcia, Jeffrey A. Beard, S. Pina, D. Mayfield, B. Castorena, R. Chavez, Davey, Oliveira, E. Vasquez, Wilson, J. Edgar, Perez, T. Galaviz, Lester, M. Jennings, Campbell, H. Holland and D. Prince reply to response to order to show cause dated 01/30/2019. Date of service: 02/22/2019. [11203865] [19-15142] (Hennes, Lucas) [Entered: 02/22/2019 09:07 AM] |
| Filing 3 Filed Appellant Ruben Valdez response to order to show cause. Served on 02/08/2019. [11202446] (JFF) [Entered: 02/21/2019 10:59 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The district court judgment was entered on the docket on December 18, 2018. Appellants notice of appeal from that judgment was dated January 10, 2019, but was not filed until January 22, 2019. Thus, the notice of appeal was not filed within 30 days after the entry of the judgment. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1). Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Accordingly, within 21 days after the date of this order, appellant shall file with this court a declaration or notarized statement attesting to the date on which the notice of appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). A response may be filed within 10 days after service of appellants declaration. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of this court. [11172983] (CKP) [Entered: 01/30/2019 12:57 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Ruben Valdez opening brief due 03/25/2019. Appellees Jeffrey A. Beard, Campbell, J. Cano, B. Castorena, R. Chavez, Davey, J. Edgar, M. Escobar, T. Galaviz, J. C. Garcia, C. Gipson, H. Holland, M. Jennings, A. Kellogg, T. Kraay, A. Lackovic, R. S. Lambert, Lester, J. Mahoney, K. Mata, D. Mayfield, A. Mayo, D. McGuire, Oliveira, A. Pacillas, D. Patterson, Perez, S. Pina, D. Prince, Romo, S. Rousseau, P. Sanchez, J. Smith, J. Taber, E. Vasquez and Wilson answering brief due 04/22/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11168405] (JMR) [Entered: 01/28/2019 09:36 AM] |
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