Eric Eleson v. Scott Kernan, et al
| ERIC RICHARD ELESON |
| NATALIE FRANSHAM, Head of Standardized Procedures Unit and SCOTT KERNAN, Secretary of CDCR |
| 19-17150 |
| October 25, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on December 11, 2019. A more recent docket listing may be available from PACER.
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| Filing 11 Filed Appellant Eric Richard Eleson statement that appeal should go forward. Served on 12/07/2019. [11529884] (RL) [Entered: 12/12/2019 10:22 AM] |
| Filing 10 Filed Appellant Eric Richard Eleson FORM 4 motion and affidavit for permission to proceed in forma pauperis. Deficiencies: None. Served on 11/03/2019. [11516980] (RL) [Entered: 12/02/2019 10:19 AM] |
| Filing 9 Received original and 0 copies of Appellant Eric Richard Eleson opening brief (Informal: Yes) 9 pages. Served on 11/11/2019. Major deficiencies: briefing is stayed. [11516279] (SML) [Entered: 11/29/2019 03:05 PM] |
| Filing 8 Filed Appellant Eric Richard Eleson letter dated 11/23/2019 re: Complete certificate of service. Paper filing deficiency: None. [11515104] (RL) [Entered: 11/27/2019 02:22 PM] |
| Filing 7 Filed order (Appellate Commissioner): Appellants motion for reconsideration or modification of the courts October 29, 2019 Clerk order is denied (Docket Entry No. [ # 5 ]). A review of the district courts docket reflects that the district court has certified that this appeal is frivolous and 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 the court dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). The briefing schedule for this appeal is stayed. All other pending motions will be addressed by separate order after appellants compliance with this order. 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. (Pro Se) [11513213] --[Edited: Updated docket text to include hyperlink. 11/26/2019 by TYL] (CKP) [Entered: 11/26/2019 01:07 PM] |
| Filing 6 Filed Appellant Eric Richard Eleson judicial notice demanded; notice of void of order; void order refused for fraud, UCC 3-501 9breech of contract). Deficiencies: None. Served on 11/11/2019. [11503002] (RL) [Entered: 11/18/2019 04:13 PM] |
| Filing 5 Filed Appellant Eric Richard Eleson ex-parte objection to clerk's referral notice filed Oct. 29, 2019; per Ninth Circuit Rule 27-7; exhibit 1; declaration of Eric Richard Eleson; certificate of servce by mail. Deficiencies: None. Served on 11/04/2019. [11492863] (RL) [Entered: 11/07/2019 02:28 PM] |
| Filing 4 Fee status changed ( [Case Number 19-17150: Due] ). [11492588] (CO) [Entered: 11/07/2019 12:11 PM] |
| Filing 3 Received copy of District Court order filed on 11/04/2019 ORDER. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiffs in forma pauperis status is REVOKED. 2. The Clerk of Court is directed to serve a copy of this Order on Plaintiff and on the Ninth Circuit Court of Appeals. IT IS SO ORDERED. [11489895] (RL) [Entered: 11/05/2019 02:16 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. [11481875] (CKP) [Entered: 10/29/2019 02:09 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Eric Richard Eleson opening brief due 12/23/2019. (No appearance for Appellees, no answering brief deadlines set) [11478152] (HC) [Entered: 10/25/2019 12:27 PM] |
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