Steven McDonald v. Kenneth Lauren, et al
| KENNETH LAUREN, M.D., Medical Director, MCC/WSR, PETER MAXSON, Grievance Coordinator, MCC/WSR; in their individual and official capacities, JOHN CAMPBELL, Chief Classification Officer, DOC, TIM THRASHER, Mission Housing Administrator, DOC, STEVEN JEWITT, M.D., Chief Psychiatrist, MCC/WSR, ROBERT HERZOG, Deputy Director of Prisons, DOC, STEVEN HAMMOND, M.D., M.D., Chief Medical Officer, DOC, MICHAEL HOLTHE, Grievance Coordinator, CBCC and EDITH KROHA, ARNP, CBCC |
| STEVEN DARBY MCDONALD |
| 19-35246 |
| March 29, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| STEVEN MCDONALD V. KENNETH LAUREN |
Docket Report
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This docket was last retrieved on May 23, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 13 Filed Appellant Steven Darby McDonald response to court order. Served on 05/17/2019. [11308036] (JFF) [Entered: 05/23/2019 04:25 PM] |
| Filing 12 Received copy of amended notice of appeal from district court. [11305383] (NAC) [Entered: 05/22/2019 09:38 AM] |
| Filing 11 Filed (ECF) Appellees John Campbell, Steven Hammond, M.D., Robert Herzog, Michael Holthe, Steven Jewitt, Edith Kroha, Kenneth Lauren, Peter Maxson and Tim Thrasher response to motion ([ # 10 ] Party Motion). Date of service: 05/21/2019. [11304911] [19-35246] (Feulner, Timothy) [Entered: 05/21/2019 04:11 PM] |
| Filing 10 Filed Appellant Steven Darby McDonald motion to the court. Deficiencies: None. Served on 05/13/2019. [11303013] (JFF) [Entered: 05/20/2019 01:50 PM] |
| Filing 9 Filed Appellant Steven Darby McDonald letter dated 04/27/2019 re: status in IFP and motion for extension of time. Paper filing deficiency: None. [11286576] (JFF) [Entered: 05/03/2019 03:56 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: CO): The courts records reflect that the notice of appeal was filed during the pendency of a timely-filed motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The April 2, 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 April 2, 2019 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). 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. Appellants motion for an extension of time to file the opening brief [ # 7 ] is denied as unnecessary. The briefing schedule will be re-set upon disposition of the April 2, 2019 motion. The Clerk shall serve this order on the district court. [11282171] (CKP) [Entered: 04/30/2019 12:21 PM] |
| Filing 7 Filed Appellant Steven Darby McDonald motion to extend time. Deficiencies: None. [11278632] (JFF) [Entered: 04/26/2019 11:24 AM] |
| Filing 6 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner completed authorization fee order. [11273477] (CKP) [Entered: 04/23/2019 10:51 AM] |
| Filing 5 Received PLRA authorization response from appellant. Dated 04/13/2019. [Case Number 19-35246: Partially Paid] [11269109] (JFF) [Entered: 04/18/2019 03:07 PM] |
| Filing 4 Filed Appellant Steven Darby McDonald letter dated 04/06/2016 re: request docket correction and request for informal brief. Paper filing deficiency: None. [11261302] (JFF) [Entered: 04/11/2019 03:48 PM] |
| Filing 3 Received copy of amended notice of appeal from district court. [11254897] (JFF) [Entered: 04/05/2019 03:16 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The appeal filed March 26, 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 April 30, 2019; appellees answering brief is due May 28, 2019; and appellants optional reply brief is due within 21 days after service of the answering brief. 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 send a prisoner authorization form to appellant along with this order. [11250141] (CKP) [Entered: 04/02/2019 12:54 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: To be set. Preliminary Injunction, C.R. 3-3. [11246361] (JBS) [Entered: 03/29/2019 10:36 AM] |
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