Gerry Williams v. Martin Biter, et al
Plaintiff / Appellant: GERRY WILLIAMS
Defendant / Appellee: A. MANASRAH and MARTIN BITER, Warden
Case Number: 19-17186
Filed: October 30, 2019
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on December 24, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 24, 2019 Filing 9 Filed Appellant Gerry Williams response to order to show cause. [11543841] (NAC) [Entered: 12/26/2019 07:26 AM]
December 12, 2019 Filing 8 Filed Appellant Gerry Williams motion to extend time to comply with the order dated 12/05/2019. Deficiencies: None. [11530307] (NAC) [Entered: 12/12/2019 01:41 PM]
December 12, 2019 Filing 7 Received notice of change of address dated 11/27/2019 from Gerry Williams. New address: P.O. Box 8457, Lancaster, CA 93539-7620. [11530300] --[Edited: Updated Address. 12/12/2019 by TYL] (NAC) [Entered: 12/12/2019 01:39 PM]
December 6, 2019 Filing 6 Attorney Tyler V. Heath in 19-17186 substituted by Attorney Kevin Allen Voth in 19-17186 [11524132] (NAC) [Entered: 12/06/2019 02:15 PM]
December 6, 2019 Filing 5 Filed (ECF) notice of appearance of Kevin A. Voth (California Department of Justice Office of the Attorney General 455 Golden Gate Ave., Suite 11000 San Francisco, CA 94102) for Appellees Martin Biter and A. Manasrah. Substitution for Attorney Tyler V. Heath for Appellees Martin Biter and A. Manasrah. Date of service: 12/06/2019. (Party was previously proceeding with counsel.) [11524092] [19-17186] (Voth, Kevin) [Entered: 12/06/2019 02:07 PM]
December 5, 2019 Filing 4 Filed clerk order (Deputy Clerk: CO): A review of the docket reflects that appellant has not responded to the courts November 4, 2019 order to show cause. Within 21 days after the date of this order, appellant shall file a response to the November 4, 2019 order to show cause. If appellant elects to show cause, appellee may file a response within 10 days after service of appellants statement. The motion to proceed in forma pauperis shall be addressed by a separate order. If appellant fails to comply with this order, the appeal will be dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. Briefing remains suspended pending further order of the court. The Clerk shall send a copy of the November 4, 2019 order to appellant along with this order. [11522822] (CKP) [Entered: 12/05/2019 03:10 PM]
November 18, 2019 Filing 3 Filed Appellant Gerry Williams motion to proceed In Forma Pauperis. Deficiencies: None. [11502622] (NAC) [Entered: 11/18/2019 02:41 PM]
November 4, 2019 Filing 2 Filed clerk order (Deputy Clerk: CO): The district court judgment was entered on the docket on September 17, 2019. Appellants undated notice of appeal and proof of service were received by the district court on October 25, 2019. Thus, the notice of appeal was not filed in the district court within 30 days after the entry of the judgment. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1). Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Accordingly, within 21 days after the date of this order, appellant must file with this court a signed declaration or notarized statement attesting to the date on which the notice of appeal was deposited in the institutions internal legal mail system and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). A response may be filed within 10 days after service of appellants declaration. If appellant does not comply with this order, the Clerk will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of this court. [11487410] (CKP) [Entered: 11/04/2019 10:46 AM]
October 30, 2019 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Gerry Williams opening brief due 12/24/2019. Appellees Martin Biter, Warden and A. Manasrah answering brief due 01/23/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11482845] (JPD) [Entered: 10/30/2019 10:02 AM]

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Plaintiff / appellant: GERRY WILLIAMS
Represented By: Gerry Williams
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Defendant / appellee: A. MANASRAH
Represented By: Tyler V. Heath
Represented By: Kevin Allen Voth
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Defendant / appellee: MARTIN BITER, Warden
Represented By: Tyler V. Heath
Represented By: Kevin Allen Voth
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