Edward Ray, Jr. v. Ralph Diaz, et al
| CITY OF OAKLAND, FRANK ROESCH, ROBERT R. TOY, CRAIG KOENIG, Acting Warden, TANI CANTIL-SAKAUYE, LIBBY SCHAFF, OAKLAND POLICE DEPARTMENT, M. VOONG, ANNE KIRKPATRICK, RALPH M. DIAZ, Acting Secretary for the California Department of Corrections and Rehabilitation, TERENCE BRUINERS, SEAN WHENT and MICHAEL T. O'CONNER |
| EDWARD VINCENT RAY, Jr. |
| 19-15729 |
| April 11, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 8 Filed order (EDWARD LEAVY and CARLOS T. BEA) The response to the May 6, 2019 order and motion to proceed in forma pauperis demonstrate that appellant has alleged imminent danger of serious physical injury. See 28 U.S.C. 1915(g). The order to show cause is therefore discharged, and appellants motions to proceed in forma pauperis (Docket Entry Nos. [ # 3 ], [ # 7 ]) are granted. See 28 U.S.C. 1915(a). Because appellant is a prisoner, appellant must pay the $505 filing and docketing fees over time, if appellant wants this appeal to go forward. See 28 U.S.C. 1915(b)(1), (2). If appellant wants to pay the $505 over time to allow this appeal to go forward, appellant must, within 21 days after the date of this order: (1) complete the enclosed prisoner authorization form, and (2) file the completed prisoner authorization form with this court. If appellant files the completed prisoner authorization form, prison officials will collect funds from appellants inmate trust fund account every month when there is a balance of at least $10 in appellants account, and will send those funds to the court to pay the fees for this appeal. See 28 U.S.C. 1915(b)(2). The court will continue to collect the full $505, even after the appeal is over, whether appellant is successful on appeal or not. See 28 U.S.C. 1915(b)(2), (e)(2). If appellant does not file the completed authorization form with the court within 21 days after the date of this order, the Clerk will dismiss the appeal for failure to prosecute. See 9th Cir. R. 42-1. The briefing schedule shall proceed as follows: the opening brief is due July 1, 2019. Because appellant is proceeding without counsel, the court waives the excerpts of record requirement. See 9th Cir. R. 30-1.2. As there are no appearances by appellees, briefing will be completed upon the filing of appellants opening brief. The Clerk shall serve this order and a prisoner authorization form on appellant. [11316096] (WL) [Entered: 05/31/2019 04:09 PM] |
| Filing 7 Filed Appellant Edward Vincent Ray, Jr. supplemental motion to proceed In Forma Pauperis. Deficiencies: None. [11309230] (RR) [Entered: 05/24/2019 03:46 PM] |
| Filing 6 Filed Appellant Edward Vincent Ray, Jr. response to order to show cause. [11300813] (RR) [Entered: 05/16/2019 06:25 PM] |
| Filing 5 Filed Appellant Edward Vincent Ray, Jr. additional exhibit that support my claims of imminent danger. [11288352] (RR) [Entered: 05/06/2019 04:20 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: SM): The court has received appellants motion to proceed in forma pauperis. Appellant may, however, be ineligible to proceed in forma pauperis on appeal because he may have had three or more prior actions or appeals dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be granted. See Ray v. Farrell, No. 10-823 (N.D. Cal.); Ray v. Basa, No. 10-895 (N.D. Cal.); Ray v. von Geldern, No. 12-315 (N.D. Cal.); Ray v. von Geldern, appeal No. 12-17472 (9th Cir.); Ray v. Carter, appeal No. 14-17369 (9th Cir.). Further, to proceed in forma pauperis on appeal, appellant must allege the continued existence of imminent danger at the time the notice of appeal is filed. See 28 U.S.C. 1915(g); see also Williams v. Paramo, 775 F.3d 1182, 1187 (9th Cir. 2015) (plaintiffs must allege the continued existence of imminent danger at the time the notice of appeal is filed). Accordingly, within 21 days after the date of this order, appellant shall show cause why his motion to proceed in forma pauperis should not be denied pursuant to 28 U.S.C. 1915(g). Failure to show to cause may result in the denial of the motion to proceed in forma pauperis without further notice. Briefing remains suspended pending further court order. [11288207] (WL) [Entered: 05/06/2019 03:40 PM] |
| Filing 3 Filed Appellant Edward Vincent Ray, Jr. motion to proceed In Forma Pauperis. Deficiencies: None. [11280228] (RR) [Entered: 04/29/2019 10:59 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [11266013] (CKP) [Entered: 04/16/2019 03:02 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Edward Vincent Ray Jr. opening brief due 06/10/2019. [11261432] (JPD) [Entered: 04/11/2019 05:01 PM] |
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