Guillermo Trujillo v. S. Savioe
| S. SAVIOE, Correctional Officer |
| GUILLERMO CRUZ TRUJILLO |
| 19-16398 |
| July 16, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 13, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 Filed Appellant Guillermo Cruz Trujillo statement that appeal should go forward. [11431493] (NAC) [Entered: 09/13/2019 03:20 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: CO): Appellants motion for an extension of time [ # 7 ] to respond to this courts August 16, 2019 order is granted. Appellant shall file a response on or before October 25, 2019. A response may be filed within 10 days after service of appellants declaration. Failure to comply with this order shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute under Ninth Circuit Rule 42-1. Briefing is stayed pending further order of the court. [11426763] (CKP) [Entered: 09/10/2019 12:32 PM] |
| Filing 7 Filed Appellant Guillermo Cruz Trujillo motion to extend time to file a response court order. Deficiencies: None. [11426112] (NAC) [Entered: 09/10/2019 07:17 AM] |
| Filing 6 Filed clerk order (Deputy Clerk: CO): The district court order denying appellants motion for reconsideration of the denial of appellants in forma pauperis status was entered on the docket on May 28, 2019. Appellants notice of appeal from that order was dated June 10, 2019, but was not filed until July 12, 2019. Thus, the notice of appeal was not filed within 30 days after the entry of the order denying reconsideration. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1), 4(a)(4). Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Accordingly, within 21 days after the date of this order, appellant shall file with this court a declaration or notarized statement attesting to the date on which the notice of appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). A response may be filed within 10 days after service of appellants declaration. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of this court. [11399817] (CKP) [Entered: 08/16/2019 11:14 AM] |
| Filing 5 Received original and 0 copies of Appellant Guillermo Cruz Trujillo's opening brief (Informal: Yes) 7 pages. Served on 08/03/2019. Major deficiencies: motion for appointment of counsel and motion to proceed in forma pauperis pending. [11391208] (GV) [Entered: 08/08/2019 12:06 PM] |
| Filing 4 Filed Appellant Guillermo Cruz Trujillo motion to proceed In Forma Pauperis. Deficiencies: None. [11379849] (NAC) [Entered: 07/29/2019 02:48 PM] |
| Filing 3 Filed Appellant Guillermo Cruz Trujillo motion to appoint pro bono counsel. Deficiencies: None. [11379845] (NAC) [Entered: 07/29/2019 02:47 PM] |
| Filing 2 Received notice of change of address dated 07/23/2019 from Guillermo Cruz Trujillo. New address: North Kern State Prison, P.O. Box 4999, Delano, CA 93216. [11379811] (NAC) [Entered: 07/29/2019 02:41 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Guillermo Cruz Trujillo opening brief due 09/10/2019. Appellee S. Savioe answering brief due 10/10/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11364673] (JMR) [Entered: 07/16/2019 10:21 AM] |
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| Defendant / appellee: S. SAVIOE, Correctional Officer | |
| Represented By: | James D. Mathison Esquire |
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| Plaintiff / appellant: GUILLERMO CRUZ TRUJILLO | |
| Represented By: | Guillermo Cruz Trujillo |
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