Timothy McNair v. Adventist Medical Ctr Portland, et al
| CROOK, DUSTIN V. SHACKLETON, M.D., ANDREA KLEIN, Dr., MEREDITH PEAKE, M.D., JONATHAN HELWIG, UNKNOWN AMBULANCE COMPANY, ADVENTIST HEALTH/RISK MANAGEMENT, KRISTA SWANINGER, KEVIN L. DEAN, FRANK CRUZ III and ADVENTIST MEDICAL CENTER PORTLAND |
| TIMOTHY LUTHER MCNAIR |
| 19-35037 |
| January 15, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed clerk order (Deputy Clerk: JW): Appellants motion for an extension of time [ # 3 ] to respond to this courts January 16, 2019 order is granted. Appellant shall file a response on or before May 6, 2019. Failure to comply with this order shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute under Ninth Circuit Rule 42-1. Briefing is stayed pending further order of the court. [11206140] (CKP) [Entered: 02/25/2019 11:58 AM] |
| Filing 3 Filed Appellant Timothy Luther McNair motion to extend time. Deficiencies: None. Served on 02/07/2019. [11187580] (JFF) [Entered: 02/12/2019 02:08 PM] |
| Filing 2 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 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. The briefing schedule for this appeal is stayed. 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. [11156064] (CKP) [Entered: 01/16/2019 03:44 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: Appellant Timothy Luther McNair opening brief due 03/15/2019. [11153634] (JBS) [Entered: 01/15/2019 11:37 AM] |
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