Jonathon Hampton v. State of California, et al
| SACRAMENTO COUNTY DISTRICT ATTORNEY'S OFFICE, CALIFORNIA SUPREME COURT, CITY OF SACRAMENTO POLICE DEPARTMENT, CHASE, Detective #691, MARK SUPER, Dr., ROBERT C. HIGHT, SACRAMENTO COUNTY CORONERS OFFICE, CALIFORNIA DEPARTMENT OF JUSTICE, HERNANDEZ, Deputy, SACRAMENTO COUNTY SHERIFF DEPARTMENT, SACRAMENTO COUNTY OFFICE OF COUNTY COUNSEL, MICHAEL D. LONG, KEVIN GREEN, DDA, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STEVEN MICHAEL ROCHE, COURT OF APPEAL OF THE STATE OF CALIFORNIA IN THE THIRD APPELLATE DISTRICT, SCOTT MCLAFFERTY, Detective #749, LAW OFFICE OF MICHAEL D. LONG, SUPERIOR COURT COUNTY OF SACRAMENTO, STATE OF CALIFORNIA, TANI CANTIL-SAKAUYE, Chief Justice and BRIAN BELL, Officer #822 |
| JONATHON ANDREW HAMPTON |
| 19-17240 |
| November 4, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 8 Filed Appellant Jonathon Andrew Hampton petition for initial hearing en banc only Number of Pages 14. Served on 12/02/2019. Deficiency: None. [11523507] (JFF) [Entered: 12/06/2019 09:59 AM] |
| Filing 7 Filed clerk order (Deputy Clerk: CO): The courts records reflect that appellant filed a timely motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The October 29, 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 November 8, 2019 motion for reconsideration. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994); Tripati v. Henman, 845 F.2d 205, 206 (9th Cir. 1988). 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. [11519004] (CKP) [Entered: 12/03/2019 11:05 AM] |
| Filing 6 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner completed authorization fee order. [11513053] (CKP) [Entered: 11/26/2019 11:51 AM] |
| Filing 5 Filed Appellant Jonathon Andrew Hampton EMERGENCY motion. Deficiencies: None. Served on 11/11/2019. [11510423] (JFF) [Entered: 11/25/2019 09:20 AM] |
| Filing 4 Received PLRA authorization response from appellant. Dated 11/17/2019. [Case Number 19-17240: Partially Paid] [11510401] (JFF) [Entered: 11/25/2019 09:13 AM] |
| Filing 3 Filed original and 4 copies of Appellant Jonathon Andrew Hampton (Informal: No) opening brief of 16 pages. Served on 11/17/2019. [11507639] (KT) [Entered: 11/21/2019 03:00 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The appeal filed October 29, 2019 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The briefing schedule shall be established as follows: appellants opening brief is due December 3, 2019. Because there are no appearance by appellees, briefing will be completed upon the filing of the opening brief. Because appellant is proceeding without counsel, the excerpts of record requirement is waived. See 9th Cir. R. 30-1.2. The appeal and any motions pending at the time briefing is completed shall be referred to the next available motions panel for disposition. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). A review of the district court docket reflects that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date. Consequently, appellant's forma pauperis status continues in this court. Fed. R. App. P. 24(a). Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant must pay the full amount of the filing and docketing fees for this appeal when funds are available in appellant's account. Consequently, within 21 days after the filing date of this order, appellant shall complete and file with this court the enclosed authorization form, which directs the prison officials at appellant's institution to assess, collect, and forward to the court the $505.00 filing and docketing fees for this appeal on a monthly basis whenever funds exist in appellant's trust fund account. These fees will continue to be collected regardless of the date or manner of disposition of this appeal. See 28 U.S.C. 1915(b)(2) and (e)(2). Appellant is not responsible for payment when the funds in appellants prison trust account total less than $10.00, but payments must resume when additional deposits are made or funds are otherwise available. Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The Clerk shall serve this order and a prisoner authorization form on appellant. [11492571] (CKP) [Entered: 11/07/2019 12:04 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows:. to be set. Preliminary Injunction Appeal. C.R. 3-3. [11488630] (RT) [Entered: 11/04/2019 04:21 PM] |
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