James Dutschke v. J. Shartle, et al
| J. T. SHARTLE, Warden, WILLIAM P. BARR, Attorney General and BUREAU OF PRISONS |
| JAMES EVERETT DUTSCHKE |
| 19-16965 |
| October 4, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 6 Filed Appellant James Everett Dutschkesecond motion for extension of time. Deficiencies: None. Served on 11/27/2019. [11517991] (RL) [Entered: 12/02/2019 03:35 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: JW): A review of the district courts docket reflects that the district court has certified that this appeal is not taken in good faith and is frivolous 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 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 is stayed. Appellants motion for an extension of time to file the opening brief [ # 4 ] is denied as moot. 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. [11476311] (CKP) [Entered: 10/24/2019 12:04 PM] |
| Filing 4 Filed Appellant James Everett Dutschke motion for extension of time to file opening brief. Deficiencies: None. Served on 10/15/2019. [11471987] (RL) [Entered: 10/21/2019 04:06 PM] |
| Filing 3 Received copy of District Court order filed on 10/18/2019 ORDER. Upon review of this order, the Court concludes that an appeal would be frivolous and not taken in good faith. See 28 U.S.C. 1915(a)(3); see also Hooker v. American Airlines, 302. F.3d 1091, 1092 (9th Cir. 2002). The Court therefore revokes Plaintiffs in forma pauperis status. The Clerk of the Court is instructed to provide the Ninth Circuit with a copy of this Order. [11469811] (RL) [Entered: 10/18/2019 01:44 PM] |
| Filing 2 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [11455796] (CKP) [Entered: 10/07/2019 10:34 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant James Everett Dutschke opening brief due 11/29/2019. Appellees William P. Barr, Attorney General, Bureau of Prisons and J. T. Shartle, Warden answering brief due 12/30/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11454136] (RT) [Entered: 10/04/2019 09:58 AM] |
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