Wayne Porretti v. James Dzurenda, et al
| TITO and ARANAS, Nevada State Prison Medical Director |
| BRIAN WILLIAMS, Warden, BOB FAULKNER, PERRY RUSSELL, AW HDSP, JAMES DZURENDA, Nevada State Prison Director, OAKLY, Dr., RIO MANALONG and LINDA FOX, Nevada Director of Pharmacy |
| WAYNE A. PORRETTI |
| 19-16021 |
| May 15, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
This docket was last retrieved on July 5, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 Filed clerk order (Deputy Clerk: MKN): On April 12, 2019 and May 8, 2019, the district court ordered appellants to conduct and pay for medical evaluations of plaintiff-appellee Wayne A. Poretti. On June 10, 2019, the district court ordered such medical evaluations to be completed by June 21, 2019. On June 11, 2019, this court denied appellants motion to stay the district courts April 12, 2019 and May 8, 2019 orders pending this preliminary injunction appeal. In light of the June 21, 2019 compliance date, it appears that this preliminary injunction appeal may be moot. Within 21 days after the date of this order, appellants shall move for voluntary dismissal of the preliminary injunction appeal or show cause why it should not be dismissed as moot. Failure to comply with this order will result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11355115] (WL) [Entered: 07/05/2019 01:04 PM] |
| Filing 17 Filed Appellee Wayne A. Porretti affidavit. Paper filing deficiency: No proof of service. [11335641] (RR) [Entered: 06/18/2019 12:01 PM] |
| Filing 16 Received copy of amended notice of appeal from district court. [11330160] (RR) [Entered: 06/13/2019 01:26 PM] |
| Filing 15 Filed order (RICHARD R. CLIFTON and N. RANDY SMITH): The record reflects that the district court has denied the April 26, 2019 motion for reconsideration. Accordingly, this appeal shall proceed. Appellants motion to stay the district courts April 12, 2019 and May 8, 2019 orders pending appeal (Docket Entry No. [ # 7 ]) is denied. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). Appellants motion for reconsideration (Docket Entry No. [ # 10 ]) is denied as moot. The briefing schedule and all remaining pending motions will be addressed by further order of the court. [11327426] (AF) [Entered: 06/11/2019 04:09 PM] |
| Filing 13 Filed (ECF) Appellants James Dzurenda, Bob Faulkner, Linda Fox, Rio Manalong, Oakly, Perry Russell and Brian Williams Correspondence: NOTICE AND SUPPLEMENT REGARDING THE EMERGENCY MOTIONS (filed 5/31/19 and 6/5/19). Date of service: 06/11/2019 [11327184] [19-16021] (Gilmer, D.) [Entered: 06/11/2019 02:53 PM] |
| Filing 12 Filed (ECF) Appellants James Dzurenda, Bob Faulkner, Linda Fox, Rio Manalong, Oakly, Perry Russell and Brian Williams response to Court order dated 06/03/2019. Date of service: 06/11/2019. [11326790] [19-16021] (Gilmer, D.) [Entered: 06/11/2019 12:29 PM] |
| Filing 14 Received Appellee Wayne A. Porretti notice regarding duplication and same arguments entry #10 and 5/31/19.. [11327251][COURT UPDATE: Correct pdf attached, resent NDA,--[Edited 06/12/2019 by BY] (RR) [Entered: 06/11/2019 03:13 PM] |
| Filing 11 Filed Appellee Wayne A. Porretti response emergency motion filed 5/31/19. [11325640] (RR) [Entered: 06/10/2019 03:54 PM] |
| Filing 10 Filed (ECF) Appellants James Dzurenda, Bob Faulkner, Linda Fox, Rio Manalong, Oakly, Perry Russell and Brian Williams motion for reconsideration of non-dispositive Clerk Order of 06/03/2019. Date of service: 06/05/2019. [11321258] [19-16021] (Gilmer, D.) [Entered: 06/05/2019 04:49 PM] |
| Filing 9 Filed clerk order (Deputy Clerk: MN): 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). The 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, appellate proceedings, including all pending motions (Docket Entry Nos. [ # 5 ], [ # 6 ] and [ # 7 ]) shall be held in abeyance pending the district courts resolution of the pending motion. See Leader Nat'l Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 7 days after the district courts ruling on the pending motion, appellants shall notify this court in writing of the ruling and shall advise whether appellants intend to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellants 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.[11317041] (WL) [Entered: 06/03/2019 11:17 AM] |
| Filing 8 Filed (ECF) Appellants James Dzurenda, Bob Faulkner, Linda Fox, Oakly, Rio Manalong, Perry Russell and Brian Williams response to motion ([ # 6 ] Party Motion). Date of service: 05/31/2019. [11315722] [19-16021] (Gilmer, D.) [Entered: 05/31/2019 02:24 PM] |
| Filing 7 Filed (ECF) Appellants James Dzurenda, Bob Faulkner, Linda Fox, Rio Manalong, Oakly, Perry Russell and Brian Williams EMERGENCY Motion to stay lower court action. Date of service: 05/31/2019. [11315496] [19-16021] (Gilmer, D.) [Entered: 05/31/2019 01:00 PM] |
| Filing 6 Filed Appellee Wayne A. Porretti motion to appoint pro bono counsel. Deficiencies: None. [11313895] (RR) [Entered: 05/30/2019 02:21 PM] |
| Filing 5 Filed Appellee Wayne A. Porretti motion to extend prison copywork limit. Deficiencies: None. [11313853] (RR) [Entered: 05/30/2019 02:10 PM] |
| Filing 4 Filed Appellee Wayne A. Porretti document entitled 'Motion for extension of time" Paper filing deficiency: None. [11313781] (RR) [Entered: 05/30/2019 01:47 PM] |
| Filing 3 Filed Appellee Wayne A. Porretti motion for IFP. Paper filing deficiency: Mr. Porretti is the appellee in this case and not the appellant . [11313767][COURT UPDATE: Changed Filed Date,--[Edited 05/30/2019 by BY] (RR) [Entered: 05/30/2019 01:43 PM] |
| Filing 2 Filed Appellee Wayne A. Porretti document entitled "Memo to Court" Paper filing deficiency: None. [11313748] (RR) [Entered: 05/30/2019 01:40 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: To be set. Preliminary Injunction, C.R. 3-3. [11298152] (JBS) [Entered: 05/15/2019 10:44 AM] |
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