Jerome Bordelon v. Michael Mindoro, et al
| MICHAEL MINDORO, M.D., ASHLEY MULLIGAN-PFLIE, Dr., ROBERT WIODARCZYK, S. POSSON, Dr., G. PALOMERO, Dr. and J. LEWIS, Deputy Director of the CDCR in Sacramento |
| JEROME BORDELON |
| 19-15895 |
| April 29, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| JEROME BORDELON V. MICHAEL MINDORO |
Docket Report
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This docket was last retrieved on June 12, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 5 Filed original and 0 copies of Appellant Jerome Bordelon (Informal: No) opening brief of 10 pages. Served on 06/10/2019. [11329722] (GV) [Entered: 06/13/2019 10:41 AM] |
| Filing 4 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner completed authorization fee order. [11294809] (CKP) [Entered: 05/13/2019 11:36 AM] |
| Filing 3 Received PLRA authorization response from appellant. Dated 05/07/2019. [11293632] (NAC) [Entered: 05/10/2019 02:20 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): A review of the district court record reflects that appellant did not sign the notice of appeal. See Fed. R. App. P. 3(c)(2) (notice of appeal considered filed on behalf of the signer); see also Becker v. Montgomery, 532 U.S. 757, 765 (2001) (pro se litigants failure to sign the notice of appeal is a non jurisdictional, and therefore, curable defect); McKinney v. Debord, 507 F.2d 501 (9th Cir. 1974) (pro se appellant must personally sign notice of appeal). Within 21 days after the date of this order, appellant shall correct the defect by filing a signed copy of the notice of appeal in the district court. 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that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date.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 under Ninth Circuit Rule 42-1. The previously established briefing schedule remains in effect. The Clerk shall serve this order and a prison authorization form on appellant. [11282138] (CKP) [Entered: 04/30/2019 12:09 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Jerome Bordelon opening brief due 06/24/2019. Appellees J. Lewis, Michael Mindoro, Ashley Mulligan-Pflie, G. Palomero, S. Posson and Robert Wiodarczyk answering brief due 07/24/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11280047] (JPD) [Entered: 04/29/2019 09:54 AM] |
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