G. Walker v. W. Muniz, et al
| W. L. MUNIZ, Warden, SCOTT KERNAN, Secretary, M. COLVIN, DEPARTMENT OF CORRECTIONS, K. GREEN, STATE OF CALIFORNIA, DEPARTMENTAL REVIEW BOARD, S. MIRANDA and MICHAEL STAINER, Director |
| G. DANIEL WALKER |
| 19-17195 |
| October 30, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 9 Filed clerk order (Deputy Clerk: MKN): On November 15, 2019, appellant filed a motion to proceed in forma pauperis. On November 25, 2019, appellees filed a response opposing the motion on the ground that appellant is not entitled to proceed in forma pauperis under the three strikes provision of 28 U.S.C. 1915(g). A prisoner with three prior actions or appeals dismissed as frivolous or for failure to state a claim may proceed in forma pauperis on appeal only if the prisoner is under imminent danger of serious physical injury at the time the notice of appeal is filed. See 28 U.S.C. 1915(g); Williams v. Paramo, 775 F.3d 1182, 1187 (9th Cir. 2015) ([P]laintiffs must allege the continued existence of imminent danger at the time the notice of appeal is filed[.]). Within 21 days after the date of this order, appellant shall either: (1) file a statement responding to appellees contention that appellant has had three or more actions or appeals dismissed as frivolous or for failure to state a claim and/or explaining how appellant was under imminent danger of serious physical injury at the time the notice of appeal was filed; 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. Briefing is stayed pending further order of this court. [11543695] (RT) [Entered: 12/24/2019 02:33 PM] |
| Filing 8 Filed (ECF) Appellees W. L. Muniz, M. Colvin, K. Green, Scott Kernan, S. Miranda and Michael Stainer Motion to take judicial notice of Motion for Judicial Notice in Support of Opposition to Motion to Proceed in Forma Pauperis with Exhibits A to F. Date of service: 11/25/2019. [11511984] [19-17195] (Cho, Hay-Mie) [Entered: 11/25/2019 04:27 PM] |
| Filing 7 Filed (ECF) Appellees W. L. Muniz, M. Colvin, K. Green, Scott Kernan, S. Miranda and Michael Stainer response opposing motion ([ # 6 ] Party Motion). Date of service: 11/25/2019. [11511948] [19-17195] (Cho, Hay-Mie) [Entered: 11/25/2019 04:21 PM] |
| Filing 6 Filed Appellant G. Daniel Walker motion to proceed In Forma Pauperis. Deficiencies: None. [11500609] (NAC) [Entered: 11/15/2019 01:11 PM] |
| Filing 5 Filed Appellant G. Daniel Walker motion to appoint pro bono counsel. Deficiencies: None. [11500607] (NAC) [Entered: 11/15/2019 01:10 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [11487873] (CKP) [Entered: 11/04/2019 01:09 PM] |
| Filing 3 Attorney Cassandra Jean Shryock in 19-17195 substituted by Attorney Hay-Mie Cho in 19-17195 [11484638] (NAC) [Entered: 10/31/2019 10:48 AM] |
| Filing 2 Filed (ECF) notice of appearance of Hay-Mie Cho (California Department of Justice Office of the Attorney General 455 Golden Gate Ave, Suite 11000 San Francisco, CA 94102) for Appellees W. L. Muniz, M. Colvin, K. Green, Scott Kernan, S. Miranda and Michael Stainer. Substitution for Attorney Ms. Cassandra Jean Shryock, Esquire for Appellees M. Colvin, K. Green, S. Miranda, W. L. Muniz and Michael Stainer. Date of service: 10/31/2019. (Party was previously proceeding with counsel.) [11484625] [19-17195] (Cho, Hay-Mie) [Entered: 10/31/2019 10:43 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: Appellant G. Daniel Walker opening brief due 12/27/2019. Appellees M. Colvin, Department of Corrections, Departmental Review Board, K. Green, Scott Kernan, S. Miranda, W. L. Muniz, Michael Stainer and State of California answering brief due 01/27/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11483302] (JPD) [Entered: 10/30/2019 12:50 PM] |
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