Arthur Deere v. Joe Lizarraga, et al
| PRISON LAW OFFICE and CDC EMPLOYEES |
| JOE A. LIZARRAGA, Warden |
| ARTHUR RAY DEERE |
| 19-16851 |
| September 20, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 15 Filed (ECF) Appellee Joe A. Lizarraga Motion to extend time to file Answering brief until 03/23/2020. Date of service: 01/13/2020. [11560343] [19-16851] (Ganson, Jaime) [Entered: 01/13/2020 03:11 PM] |
| Filing 14 Filed order (SIDNEY R. THOMAS and DANIEL A. BRESS) Appellees motion to take judicial notice (Docket Entry No. [ # 10 ]) is granted. See Fed. R. Evid. 201; Bias v. Moynihan, 508 F.3d 1212, 1225 (9th Cir. 2007). Appellees motion to revoke appellants in forma pauperis status (Docket Entry No. [ # 9 ]) is denied. Although appellant has had three or more prior actions dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be granted, appellant alleged that he faced imminent danger of serious physical injury at the time he filed his amended complaint and notice of appeal. See 28 U.S.C. 1915(g); Williams v. Paramo, 775 F.3d 1182, 1190 (9th Cir. 2015) (holding that a prisoner may meet this requirement by alleging that prison officials continue with a practice that has injured him or others similarly situated in the past, or that there is a continuing effect resulting from such a practice (brackets and internal quotation marks omitted)). Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant eventually must pay the full amount of the filing and docketing fees for this appeal. Appellants motion for appointment of counsel (Docket Entry No. [ # 6 ]) is denied. No motions for reconsideration, clarification, or modification of this denial shall be filed or entertained. The opening brief has been filed. The answering brief is due January 21, 2020. The optional reply brief is due within 21 days after service of the answering brief. Because appellant is proceeding without counsel, the excerpts of record requirement is waived. See 9th Cir. R. 30-1.2. Appellees supplemental excerpts of record are limited to the district court docket sheet, the notice of appeal, the judgment or order appealed from, and any specific portions of the record cited in the answering brief. See 9th Cir. R. 30-1.7. [11537754] (JMR) [Entered: 12/18/2019 04:41 PM] |
| Filing 13 Filed Appellant Arthur Ray Deere letter dated 12/08/2019 re: Proof of service for response to motion. Paper filing deficiency: None. [11529099] (RL) [Entered: 12/11/2019 02:33 PM] |
| Filing 12 Filed (ECF) Appellee Joe A. Lizarraga reply to response (). Date of service: 12/11/2019. [11528673] [19-16851] (Ganson, Jaime) [Entered: 12/11/2019 11:43 AM] |
| Filing 11 Filed Appellant Arthur Ray Deere response to defendants motion to revoke IFP privilege. Served on 12/03/2019. [11526153] (RL) [Entered: 12/09/2019 03:38 PM] |
| Filing 10 Filed (ECF) Appellee Joe A. Lizarraga Motion to take judicial notice of Plaintiff-Appellant Arthur Ray Deere's Relevant Litigation History. Date of service: 11/12/2019. [11495523] [19-16851] (Ganson, Jaime) [Entered: 11/12/2019 09:59 AM] |
| Filing 9 Filed (ECF) Appellee Joe A. Lizarraga Motion for miscellaneous relief [Motion to Revoke IFP Privilege; Request to Stay Briefing Schedule]. Date of service: 11/12/2019. [11495516] [19-16851] (Ganson, Jaime) [Entered: 11/12/2019 09:57 AM] |
| Filing 8 Attorney Matthew Ross Wilson substituted by Attorney Jaime Ganson. [11487276] (RL) [Entered: 11/04/2019 09:54 AM] |
| Filing 7 Filed (ECF) notice of appearance of Jaime M. Ganson (Office of the Attorney General, 1300 I Street, Suite 125, Sacramento, CA 95814) for Appellee Joe A. Lizarraga. Substitution for Attorney Mr. Matthew Ross Wilson, Esquire for Appellee Joe A. Lizarraga. Date of service: 11/04/2019. (Party was previously proceeding with counsel.) [11487251] [19-16851] (Ganson, Jaime) [Entered: 11/04/2019 09:43 AM] |
| Filing 6 Filed Appellant Arthur Ray Deere FORM 24 motion for appointment of counsel. Deficiencies: None. Served on 10/07/2019. [11471918] (RL) [Entered: 10/21/2019 03:49 PM] |
| Filing 5 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner completed authorization fee order. [11467170] (CKP) [Entered: 10/16/2019 05:34 PM] |
| Filing 4 Received PLRA authorization response from appellant. Dated 10/07/2019. [Case Number 19-16851: Partially Paid] [11465128] (RL) [Entered: 10/15/2019 08:21 PM] |
| Filing 3 Filed original and 6 copies of Appellant Arthur Ray Deere (Informal: No) opening brief of 11 pages. Served on 09/25/2019. [11449162] (SML) [Entered: 09/30/2019 04:06 PM] |
| Filing 2 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner fee authorization form sent to prisoner. [11446177] (CKP) [Entered: 09/27/2019 11:40 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Arthur Ray Deere opening brief due 11/18/2019. Appellee Joe A. Lizarraga, Warden answering brief due 12/17/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11438706] (HC) [Entered: 09/20/2019 11:54 AM] |
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