Leroy Collins v. Dwight Neven, et al
| GREG COX, PATRICK HENDRICKS, ROMERO ARANAS and DWIGHT NEVEN, Warden |
| LEROY COLLINS |
| 19-15272 |
| February 14, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 Filed clerk order (Deputy Clerk: CO): 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 February 12, 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 February 6, 2019 motion for reconsideration. 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. [11199481] (CKP) [Entered: 02/19/2019 01:48 PM] |
| Filing 4 Fee status changed ( [Case Number 19-15272: IFP] ). [11194488] (CO) [Entered: 02/15/2019 01:59 PM] |
| Filing 3 Attorney Jared M. Frost in 19-15272 substituted by Attorney Frank Anthony Toddre II in 19-15272 [11192053] (QDL) [Entered: 02/15/2019 11:59 AM] |
| Filing 2 Filed (ECF) notice of appearance of Frank A. Toddre, II for Appellees Romero Aranas, Greg Cox, Patrick Hendricks and Dwight Neven. Substitution for Attorney Jared M. Frost for Appellees Romero Aranas, Greg Cox, Patrick Hendricks and Dwight Neven. Date of service: 02/15/2019. (Party previously proceeding without counsel: No) [11191760] [19-15272] (Toddre, Frank) [Entered: 02/15/2019 10:32 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: Appellant Leroy Collins opening brief due 04/15/2019. Appellees Romero Aranas, Greg Cox, Patrick Hendricks and Dwight Neven, Warden answering brief due 05/13/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11190129] (JPD) [Entered: 02/14/2019 10:04 AM] |
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