USA v. Newman Peery, Jr.
| NEWMAN S. PEERY, Jr. |
| UNITED STATES OF AMERICA |
| 19-16959 |
| October 4, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 31, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 Received original and 6 copies of Appellant Newman S. Peery, Jr. opening brief (Informal: No) 42 pages. Served on 10/29/2019. Major deficiencies: motions pending. [11487420] (SML) [Entered: 11/04/2019 10:51 AM] |
| Filing 9 Filed Appellant Newman S. Peery, Jr. amended motion to dismiss on appeal as right-when taken FRAP 4. Deficiencies: None. Served on 10/29/2019. [11486731] (RL) [Entered: 11/01/2019 04:10 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: JW): On October 9, 2019, this court issued an order staying appellate proceedings pending disposition of the motion for reconsideration in the district court. On October 15, 2019, the district court entered a minute order disposing of the motion. The stay order filed October 9, 2019, is lifted and this appeal shall proceed. The court will set a new briefing schedule upon resolution of appellants pending motion to proceed in forma pauperis, which will be addressed by separate order. See 9th Cir. R. 27-11(a)(4). [11483266] (CKP) [Entered: 10/30/2019 12:25 PM] |
| Filing 7 Filed Appellant Newman S. Peery, Jr. reply to appeal court order. Served on 10/22/2019. [11479639] (RL) [Entered: 10/28/2019 11:13 AM] |
| Filing 6 Terminated Jonathan Hauck for USA in 19-16959 (for failure to register for Appellate ECF) [11469487] (JBS) [Entered: 10/18/2019 11:16 AM] |
| Filing 5 Added Attorney(s) Marion E.M. Erickson for party(s) Appellee USA. [11469357] (RL) [Entered: 10/18/2019 10:12 AM] |
| Filing 4 Filed (ECF) notice of appearance of Marion E.M. Erickson (U.S. Department of Justice, P.O. Box 502, Washington, DC 20044) for Appellee USA. Date of service: 10/18/2019. (Party was previously proceeding with counsel.) [11469312] [19-16959] (Erickson, Marion) [Entered: 10/18/2019 09:55 AM] |
| Filing 3 Filed clerk order (Deputy Clerk: JW): 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 October 2, 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 23, 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. [11459364] (CKP) [Entered: 10/09/2019 12:32 PM] |
| Filing 2 Filed Appellant Newman S. Peery, Jr. motion to proceed In Forma Pauperis. Deficiencies: None. Served on 09/30/2019. [11454068] (RT) [Entered: 10/04/2019 09:32 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Newman S. Peery Jr. opening brief due 11/29/2019. Appellee United States of America answering brief due 12/30/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11454056] (RT) [Entered: 10/04/2019 09:28 AM] |
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| Defendant / appellant: NEWMAN S. PEERY, Jr. | |
| Represented By: | Newman S. Peery Jr. |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Jonathan Hauck |
| Represented By: | Marion E.M. Erickson |
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