Marilyn Bartholomew v. Herman Long, et al
| BRENDA BARTHOLOMEW, Real Estate Broker, DBA BRE Realty and HERMAN CLYDE LONG, DBA Long Law Offices |
| MARILYN BARTHOLOMEW, AKA Marilyn Ann Bartholomew |
| 19-16778 |
| September 11, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 6 Received copy of District Court order filed on 10/02/2019 granting motion to file under seal and denying motion to proceed in forma pauperis. [11460884] (QDL) [Entered: 10/10/2019 02:17 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: DA): The courts October 2, 2019 order (Docket Entry No. [ # 4 ]) is vacated and replaced with this corrected order. Appellants motion for extension to file a motion to proceed in forma pauperis (Docket No. [ # 3 ]) is granted. A review of the district courts docket reflects that on October 2, 2019, the district court certified that this appeal is not taken in good faith and denied appellants motion to proceed in forma pauperis for this appeal. See 28 U.S.C. 1915(a). On October 9, 2019, the district court denied appellants motion seeking to vacate the district courts October 2, 2019 order. 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 files a statement that the appeal should go forward, appellant also must: (1) file in this court a motion to proceed in forma pauperis, OR (2) pay to the district court $505.00 for the filing and docketing fees for this appeal AND file in this court proof that the $505.00 was paid. 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 appellant files a statement that the appeal should go forward, appellees may file a response within 10 days after service of appellants statement. The briefing schedule for this appeal is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, (2) a form statement that the appeal should go forward, and (3) a Form 4 financial affidavit. Appellant may use the enclosed forms for any motion to dismiss the appeal, statement that the appeal should go forward, and/or motion to proceed in forma pauperis. [11459611] (JMR) [Entered: 10/09/2019 02:07 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: CO): Appellants motion for extension to file a motion to proceed in forma pauperis [ # 3 ] is granted. A review of the district courts docket reflects that the district court has certified that this appeal is not taken in good faith and has revoked appellants in forma pauperis status. See 28 U.S.C. 1915(a). 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 files a statement that the appeal should go forward, appellant also must: (1) file in this court a motion to proceed in forma pauperis, OR (2) pay to the district court $505.00 for the filing and docketing fees for this appeal AND file in this court proof that the $505.00 was paid. 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 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 is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, (2) a form statement that the appeal should go forward, and (3) a Form 4 financial affidavit. Appellant may use the enclosed forms for any motion to dismiss the appeal, statement that the appeal should go forward, and/or motion to proceed in forma pauperis. [11451843] (CKP) [Entered: 10/02/2019 02:44 PM] |
| Filing 3 Filed (ECF) Appellant Marilyn Bartholomew Motion for miscellaneous relief [motion to extend time to file motion to proceed in forma pauperis]. Date of service: 10/01/2019. [11450447] [19-16778]--[COURT UPDATE: Updated docket text to reflect content of filing. 10/01/2019 by SLM] (Bartholomew, Marilyn) [Entered: 10/01/2019 03:06 PM] |
| Filing 2 Received copy of District Court order filed on 09/12/2019 granting motion to file under seal and denying application to proceed in forma pauperis on appeal. [11437065] (QDL) [Entered: 09/19/2019 10:58 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Marilyn Bartholomew opening brief due 11/12/2019. Appellees Brenda Bartholomew and Herman Clyde Long answering brief due 12/09/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11427778] (HC) [Entered: 09/11/2019 09:05 AM] |
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