USA v. Michael Flaherty, et al
| STATE OF HAWAII, DEPARTMENT OF TAXATION, MARGARET RONA LEE FLAHERTY and BANK OF HAWAII |
| MICHAEL WILLIAM FLAHERTY |
| UNITED STATES OF AMERICA |
| 19-15780 |
| April 17, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 8 Filed clerk order (Deputy Clerk: MKN): A review of the record reflects that this appeal may be frivolous. This court may dismiss a case at any time, if the court determines the case is frivolous. See 28 U.S.C. 1915(e)(2). Within 35 days after the date of this order, appellant must: (1) file a motion to dismiss this appeal, see Fed. R. App. P. 42(b), OR (2) file a statement explaining why the appeal is not frivolous and should go forward. If appellant does not respond to this order, the Clerk will dismiss this appeal for failure to prosecute, without further notice. See 9th Cir. R. 42-1. If appellant files a motion to dismiss the appeal, the Clerk will dismiss this appeal, pursuant to Federal Rule of Appellate Procedure 42(b). If appellant submits any response to this order other than a motion to dismiss the appeal, the court may dismiss this appeal as frivolous, without further notice. If appellant files a statement that the appeal should go forward, appellee may file a response within 10 days after service of appellants statement. This appeal is stayed pending further order of this court. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, and (2) a form statement that the appeal should go forward. Appellant may use the enclosed forms for any motion to dismiss this appeal or statement that the appeal should go forward. [11307640] (JMR) [Entered: 05/23/2019 02:14 PM] |
| Filing 7 Attorney Jeremy Hendon in 19-15780 substituted by Attorney Curtis Clarence Pett in 19-15780 [11287381] (QDL) [Entered: 05/06/2019 11:19 AM] |
| Filing 6 Filed (ECF) notice of appearance of Curtis C. Pett for Appellee USA. Substitution for Attorney Jeremy Hendon for Appellee USA. Date of service: 05/06/2019. (Party previously proceeding without counsel: No) [11287368] [19-15780] (Pett, Curtis) [Entered: 05/06/2019 11:14 AM] |
| Filing 5 Filed Appellant Mr. Michael William Flaherty motion to excuse Margaret Rona Lee from these proceedings for cause of the divorce of the parties. Deficiencies: None. Served on 04/22/2019. [11279161] (QDL) [Entered: 04/26/2019 02:42 PM] |
| Filing 4 Filed Appellant Mr. Michael William Flaherty motion to proceed In Forma Pauperis. Deficiencies: None. Served on 04/18/2019. [11279140] (QDL) [Entered: 04/26/2019 02:38 PM] |
| Filing 3 Received copy of District Court order filed on 04/24/2019. Order: On March 18, 2019, this court denied Michael William Flaherty's Motion for Relief From Judgement Based on Fraud. See ECF No. 131. On April 15, 2019, Flaherty appealed. See ECF No. 132. On April 19, 2019, the Ninth Circuit ordered Flaherty to pay $505 in filing and docketing fees or file a motion to proceed in forma pauperis with the Ninth Circuit. See Order, No. 19-15780 (filed in this court as ECF No. 135). On April 22, 2019, Flaherty filed a motion to proceed in forma pauperis with this court. ECF No. 136. Flaherty appears to have provided this court with a motion that should be submitted to the Ninth Circuit (it is only the alternative of receiving payment of the filing and docketing fees that would have been proper in this court). This court terminates the pending in forma pauperis motion insofar as it is before this court and orders the Clerk of Court to forward the IFP motion to the Ninth Circuit. Additionally, because this court lacks jurisdiction given the pending appeal, the court orders the Clerk of Court to terminate Flaherty's Motion to Excuse Margarete Rona Lee From These Proceedings insofar as that motion is before this court, and to forward that motion to the Ninth Circuit as well. [11279131] (QDL) [Entered: 04/26/2019 02:36 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [11270266] (CKP) [Entered: 04/19/2019 12:12 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 05/15/2019. Transcript due 06/14/2019. Appellant Michael William Flaherty opening brief due 07/24/2019. Appellee United States of America answering brief due 08/26/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11267339] (RT) [Entered: 04/17/2019 02:10 PM] |
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