Benny Gibson v. Christine McGowan, et al
| KENDALL GOO, ARIZONA DEPARTMENT OF ECONOMIC SECURITY, PHOENIX POLICE DEPARTMENT, KATIE MASON, STEPHEN LEWIS, BRIAN LOWRY, KARLA RAPONI, PAUL MCMURRY, MINNIE JIM, BRANDY VILLARREAL, DAVID KEYES-NUNES, JOLENE MANGUM, MICHAEL PIETRO, JESSICA AUSTIN, CITY OF PHOENIX, TYLER KAMP and DUSTIN HAYNES |
| CHRISTINE MCGOWAN, Detective, Phoenix Police Department, GREG MCKAY, #6156, Police Detective, Phoenix Police Department, JOSHUA CHAMPION, #6600, Police Detective, Phoenix Police Department and J.J. CLEARY, #4000, Detective, Phoenix Police Department |
| BENNY DAVID GIBSON |
| 19-16586 |
| August 12, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 8 Filed Appellant Benny David Gibson motion to demand Judgement; relief to be granted. Deficiencies: None. [11457264] (NAC) [Entered: 10/08/2019 07:44 AM] |
| Filing 7 Filed Appellant Benny David Gibson letter dated 09/12/2019 re: Appellant's order requesting the appellees to provide all responses to the appellant's complaints. Paper filing deficiency: None. [11437352] (NAC) [Entered: 09/19/2019 01:26 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: DA): A review of the record reflects that this appeal of the district courts August 2, 2019 post-judgment order 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 the court dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). If appellant files a statement that the appeal should go forward, appellee may file a response within 10 days after service of appellants statement. The briefing schedule for this appeal remains stayed pending further order of the 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 the appeal or statement that the appeal should go forward. [11423614] (CKP) [Entered: 09/06/2019 01:17 PM] |
| Filing 5 Filed order (Appellate Commissioner): The court has received and reviewed appellants response to the August 16, 2019 order to show cause. On June 8, 2016 the district court entered judgment in this case. On May 1, 2019, appellant filed a motion to reopen the district court action, which the district court denied on May 30, 2019. Appellant filed a motion for reconsideration on June 24, 2019, which the district court denied on June 27, 2019. Appellant filed a motion requesting equitable tolling on July 1, 2019, which the district court denied on August 2, 2019. Appellants notice of appeal, dated August 8, 2019 and filed in the district court on August 9, 2019, was not filed or delivered to prison officials within 30 days after the June 8, 2016 judgment or the district courts post-judgment orders entered on May 30, 2019 and June 27, 2019 denying appellants motion to reopen the district court action and denying reconsideration. The notice of appeal was timely only as to the August 2, 2019 post-judgment order denying appellants motion requesting equitable tolling. The scope of this appeal is therefore limited to review of the August 2, 2019 post-judgment order. The briefing schedule is stayed pending disposition of appellants motion to proceed in forma pauperis, which will be addressed by separate order. (Pro Se) [11423604] (CKP) [Entered: 09/06/2019 01:11 PM] |
| Filing 4 Filed Appellant Benny David Gibson response to order to show cause. [11407814] (NAC) [Entered: 08/23/2019 07:24 AM] |
| Filing 3 Filed Appellant Benny David Gibson motion to proceed In Forma Pauperis. Deficiencies: None. [11407811] (NAC) [Entered: 08/23/2019 07:23 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: DA): The district courts judgment was entered on June 8, 2016. The notice of appeal appears to challenge the district courts post-judgment orders entered on May 30, 2019 and June 27, 2019 denying appellants motion to reopen the district court action and denying reconsideration. Appellants notice of appeal was dated August 8, 2019, and was filed in the district court on August 9, 2019. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed or delivered to prison officials within 30 days after entry of the district courts May 30, 2019 and June 27, 2019 post-judgment orders denying appellants motions to reopen and reconsider. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), 4(c); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal, or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. 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 the court. [11400058] (CKP) [Entered: 08/16/2019 12:18 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Benny David Gibson opening brief due 10/08/2019. Appellees Joshua Champion, J.J. Cleary, Christine McGowan and Greg McKay answering brief due 11/07/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11394953] (JPD) [Entered: 08/12/2019 04:32 PM] |
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