Richard Carmichael v. William Gittere, et al
| JAMES G. COX, Director of Prisons, WILLIAM GITTERE, Assoc Warden, E. K. MCDANIEL, Deputy Director and RENEE BAKER, Warden |
| RICHARD LEE CARMICHAEL |
| 19-16742 |
| September 5, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 9, 2019. A more recent docket listing may be available from PACER.
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| Filing 5 Filed clerk order (Deputy Clerk: CO): On September 10, 2019, this court issued an order staying appellate proceedings pending disposition of the pending motion for reconsideration in the district court. On September 12, 2019, the district court denied the motion. The stay order filed September 10, 2019, is lifted and this appeal shall proceed. A review of the district court docket reflects that appellant has not paid the docketing and filing fees for this appeal. Within 21 days after the date of this order, appellant shall: (1) file a motion with this court to proceed in forma pauperis accompanied by a completed Form 4 affidavit; or (2) pay $505.00 to the district court as the docketing and filing fees for this appeal and provide proof of payment to this court. The Clerk shall serve a Form 4 financial affidavit on appellant. The motion to extend time to file opening brief [ # 4 ] is granted in part. The opening brief is due January 6, 2020. Because there is no appearance by appellee, briefing will be completed upon the filing of the opening brief. The filing of a motion to proceed in forma pauperis will automatically stay the briefing schedule under Ninth Circuit Rule 27-11. If appellant fails to comply with this order, the appeal will be dismissed automatically by the Clerk under Ninth Circuit Rule 42-1. [11459321] (CKP) [Entered: 10/09/2019 12:03 PM] |
| Filing 4 Filed Appellant Richard Lee Carmichael motion to extend time to file appellant opening brief and notice of change of address Deficiencies: None. Served on 09/25/2019. [11450507]--[Edited: address updated. 10/02/2019 by SLM] (JFF) [Entered: 10/01/2019 03:28 PM] |
| Filing 3 Mail returned on 09/23/2019 addressed to Richard Lee Carmichael, re: 09/10/2019 order [ # 2 ]. Returned envelope notes: return to sender, parole, refused. Resending to: case files; appellant was paroled per NV inmate database, no forwarding address found. [11443794] (LA) [Entered: 09/25/2019 03:04 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): 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), and that motion is still pending in the district court. The September 5, 2019 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, proceedings in this court are held in abeyance pending the district courts resolution of the pending September 5, 2019 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 14 days after the district courts ruling on the pending motion, appellant shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant 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. [11426766] (CKP) [Entered: 09/10/2019 12:36 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Richard Lee Carmichael opening brief due 11/04/2019. (No Appellees, no answering brief deadlines set) [11422433] (HC) [Entered: 09/05/2019 02:18 PM] |
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