D'Wayne Bailey v. Mike Batista, et al
| CATHY REDFERN and WILLIAM PEARSON |
| A. THACKER, BERDECIA RODRIGUEZ, MYRON BEESON, DODINS-ODEGARD, SALLY ODDEN, BLAIR HOPKINS, MIKE BATISTA and LEROY KIRKEGARD |
| D'WAYNE BAILEY |
| 19-35250 |
| April 1, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 10 Filed Appellant D'Wayne Bailey statement that appeal should go forward. Served on 05/21/2019. [11314191] (RL) [Entered: 05/30/2019 03:39 PM] |
| Filing 9 Received original and 0 copies of Appellant D'Wayne Bailey opening brief (Informal: No) 12 pages. Served on 05/21/2019. Major deficiencies: briefing is stayed. [11314089] (SML) [Entered: 05/30/2019 03:16 PM] |
| Filing 8 Filed (ECF) Appellees Mike Batista, Myron Beeson, Blair Hopkins, Leroy Kirkegard and Sally Odden Supplemental reply to response to Court order dated 04/24/2019. Date of service: 05/21/2019. [11304414] [19-35250] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 5/21/2019 by TYL] (Chenoweth, Kyle) [Entered: 05/21/2019 12:39 PM] |
| Filing 7 Filed (ECF) Appellees Mike Batista, Myron Beeson, Blair Hopkins, Leroy Kirkegard and Sally Odden reply to response to Court order dated 04/24/2019. Date of service: 05/21/2019. [11303876] [19-35250] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 5/21/2019 by TYL] (Chenoweth, Kyle) [Entered: 05/21/2019 09:13 AM] |
| Filing 6 Filed Appellant D'Wayne Bailey statement of facts. Served on 05/12/2019. [11303417] (RL) [Entered: 05/20/2019 03:47 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: CO): On April 8, 2019, this court issued an order staying appellate proceedings pending disposition of the motion reconsideration in the district court. On April 9, 2019, the district court denied the motion. The stay order filed April 8, 2019, is lifted and this appeal shall proceed. 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 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. If the court dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). If appellant files a statement that the appeal should go forward, appellee may file a response within 10 days after service of appellants statement. The briefing schedule for this appeal is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, and (2) a form statement that the appeal should go forward. Appellant may use the enclosed forms for any motion to dismiss the appeal or statement that the appeal should go forward. [11275666] (CKP) [Entered: 04/24/2019 01:52 PM] |
| Filing 4 Filed Appellant D'Wayne Bailey response to order filed April 8, 2019. Served on 04/17/2019. [11273214] (RL) [Entered: 04/23/2019 09:39 AM] |
| Filing 3 Filed Appellant D'Wayne Bailey motion to proceed on appeal without paying the filing fee. Deficiencies: None. Served on 04/08/2019. [11264483] (RL) [Entered: 04/15/2019 04:08 PM] |
| Filing 2 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 March 28, 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 March 25, 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. The Clerk shall serve this order on the district court. [11256097] (CKP) [Entered: 04/08/2019 01:05 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant D'Wayne Bailey opening brief due 05/28/2019. Appellees Mike Batista, Myron Beeson, Dodins-Odegard, Blair Hopkins, Leroy Kirkegard, Sally Odden, Berdecia Rodriguez and A. Thacker answering brief due 06/28/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11247948] (RT) [Entered: 04/01/2019 10:11 AM] |
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