Darnell McGary v. Mark Strong, et al
| MARK LINDQUIST, Pierce County Prosecutor, SUSAN DRYFUS, DSHS or successor and JAY ROBERT INSLEE, Governor |
| DARNELL OTIS MCGARY |
| RANDY PECHOES, Investigator, KATHRINE GRIM, DSHS, MARK STRONG, DSHS, CATHY HARRIS, DSHS, ELENA LOPEZ, Dr., DSHS, CARRISSA BONNEMA, DSHS and KAYLA NORTON, DSHS |
| 19-36024 |
| December 5, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 12 Filed order (RICHARD A. PAEZ, MILAN D. SMITH, JR. and N. RANDY SMITH)Upon a review of the record and the responses to the courts December 19, 2019 order, we conclude this appeal is frivolous. We therefore deny appellants motion to proceed in forma pauperis (Docket Entry No. [ # 7 ]), see 28 U.S.C. 1915(a), and dismiss this appeal as frivolous, pursuant to 28 U.S.C. 1915(e)(2) (court shall dismiss case at any time, if court determines it is frivolous or malicious). All other pending motions are denied as moot. DISMISSED. [11571726] (JPD) [Entered: 01/23/2020 11:33 AM] |
| Filing 11 Filed (ECF) Appellees Carrissa Bonnema, Kathrine Grim, Cathy Harris, Elena Lopez, Kayla Norton, Randy Pechoes and Mark Strong reply to response to order to show cause dated 12/19/2019. Date of service: 01/07/2020. [11554138] [19-36024] (Williamson, Nicholas) [Entered: 01/07/2020 04:44 PM] |
| Filing 10 Filed Appellant Darnell Otis McGary probable cause to believe the appeal is not frivolous or lacking in merit and counsel should be appointed. Served on 12/28/2019. [11550790] (RR) [Entered: 01/03/2020 03:32 PM] |
| Filing 9 Filed Appellant Darnell Otis McGary reply to Appellees Cathy Harris, Mark Strong, Elena Lopez, Kayla Norton, Carrissa Bonnema, Kathrine Grim and Randy Pechoes opposition to motion for appointment of counsel in 19-36024. [11542583] (RR) [Entered: 12/23/2019 03:12 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: SM): A review of the record reflects that this appeal may be frivolous. 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 appellant files a statement that the appeal should go forward, appellees may file a response within 10 days after service of appellants statement. The briefing schedule for this appeal remains 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 this appeal or statement that the appeal should go forward. [11538764] (AF) [Entered: 12/19/2019 01:53 PM] |
| Filing 6 Filed (ECF) Appellees Carrissa Bonnema, Kathrine Grim, Cathy Harris, Elena Lopez, Kayla Norton, Randy Pechoes and Mark Strong response to motion ([2] Party Motion). Date of service: 12/16/2019. [11534291] [19-36024] (Williamson, Nicholas) [Entered: 12/16/2019 04:51 PM] |
| Filing 7 Filed Appellant Darnell Otis McGary FORM 4 motion and affidavit for permission to proceed in forma pauperis. Deficiencies: None. Served on 12/11/2019. [11534809] (RL) [Entered: 12/17/2019 09:54 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [11525734] (CKP) [Entered: 12/09/2019 01:50 PM] |
| Filing 4 Attorney Joshua P. Weir in 19-36024 substituted by Attorney Craig Mingay in 19-36024 [11524067] (RR) [Entered: 12/06/2019 01:58 PM] |
| Filing 3 Filed (ECF) notice of appearance of Craig B. Mingay (Washington State Attorney General, 7141 Cleanwater Dr. SW, P.O. Box 40124, Olympia, WA 98504) for Appellees Carrissa Bonnema, Kathrine Grim, Cathy Harris, Elena Lopez, Kayla Norton, Randy Pechoes and Mark Strong. Substitution for Attorney Joshua P. Weir for Appellees Carrissa Bonnema, Kathrine Grim, Cathy Harris, Elena Lopez, Kayla Norton, Randy Pechoes and Mark Strong. Date of service: 12/06/2019. (Party was previously proceeding with counsel.) [11524005] [19-36024] (Mingay, Craig) [Entered: 12/06/2019 01:39 PM] |
| Filing 2 Filed Appellant Darnell Otis McGary motion to appoint counsel. Deficiencies: None. Served on 11/25/2019. (Motion within Notice of Appeal) [11522151] (HC) [Entered: 12/05/2019 10:42 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Darnell Otis McGary opening brief due 01/31/2020. Appellees Carrissa Bonnema, Kathrine Grim, Cathy Harris, Elena Lopez, Kayla Norton, Randy Pechoes and Mark Strong answering brief due 03/02/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11522126] (HC) [Entered: 12/05/2019 10:32 AM] |
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