Laurence Stewart v. Mike Batista, et al
| STEWART, Mr., DOES, John Does, 1-4, WEAVER, Mr., ARNOLD, Ms., SPIEGLE, Mr. and BERKEBILE, Mr. |
| COLLEEN AMBROSE, LORAINE WOONIK and MIKE BATISTA |
| LAURENCE STEWART |
| 19-36105 |
| December 26, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 10 Received copy of amended notice of appeal from district court in 19-36105 [11591758] [19-36105, 19-36104, 19-36106] (CW) [Entered: 02/10/2020 02:36 PM] |
| Filing 9 Filed clerk order (Deputy Clerk: MF): On January 6, 2020, this court issued an order staying appellate proceedings pending disposition of the December 12, 2019 motion in the district court. On January 21, 2020, the district court denied the motion. The stay order filed January 6, 2020, is lifted and these cross-appeals shall proceed. A review of the district court docket reflects that appellant Stewart was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date. Consequently, appellant Stewarts forma pauperis status continues in this court for appeal No. 19-36104. Fed. R. App. P. 24(a). Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant Stewart must pay the full amount of the filing and docketing fees for this appeal when funds are available in appellants account. Consequently, within 21 days after the filing date of this order, appellant Stewart shall complete and file with this court the enclosed authorization form, which directs the prison officials at appellants 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 appellants 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 Stewart is not responsible for payment when the funds in appellants prison trust account total less than $10, but payments must resume when additional deposits are made or funds are otherwise available. The previously established cross-appeal briefing schedule remains in effect. Because appellant Stewart is proceeding without counsel, the excerpts of record requirement is waived. See 9th Cir. R. 30-1.2. Appellees supplemental excerpts of record are limited to the district court docket sheet, the notice of appeal, the judgment or order appealed from, and any specific portions of the record cited in appellees brief. See 9th Cir. R. 30-1.7. If appellant Stewart fails to comply with this order, the appeal may be dismissed by the Clerk. See 9th Cir. R. 42-1. The Clerk shall serve this order and a prison authorization form on appellant Stewart. [11586640] [19-36104, 19-36105, 19-36106] (CKP) [Entered: 02/05/2020 01:32 PM] |
| Filing 8 Filed Appellant Laurence Stewart in 19-36104, Appellee Laurence Stewart in 19-36105, 19-36106 response to 1/6/20 order . Served on 01/27/2020. [11583854] [19-36104, 19-36105, 19-36106] (CW) [Entered: 02/04/2020 08:01 AM] |
| Filing 7 Received copy of amended notice of appeal from district court filed 1/24/20. [11575088] [19-36104, 19-36105, 19-36106] (CW) [Entered: 01/27/2020 11:55 AM] |
| Filing 6 Received copy of amended notice of appeal from district court, filed 1/27/20 . [11575079] [19-36104, 19-36105, 19-36106] (CW) [Entered: 01/27/2020 11:54 AM] |
| Filing 5 Filed (ECF) Appellees Arnold, Berkebile, Spiegle and Weaver in 19-36104 response to Court order dated 01/06/2020. Date of service: 01/24/2020. [11573783] [19-36104, 19-36105, 19-36106] (Adams, Chad) [Entered: 01/24/2020 01:51 PM] |
| Filing 4 Received copy of amended notice of appeal from district court filed 1/21/20. [11571565] [19-36104, 19-36105, 19-36106] (CW) [Entered: 01/23/2020 10:40 AM] |
| Filing 3 Filed (ECF) Appellees Colleen Ambrose, Mike Batista and Loraine Woonik in 19-36104, Appellants Colleen Ambrose, Mike Batista and Loraine Woonik in 19-36105 response to Court order dated 01/06/2020. Date of service: 01/22/2020. [11570300] [19-36104, 19-36105, 19-36106] (Brown, Aislinn) [Entered: 01/22/2020 12:44 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: MF): 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 December 12, 2019 notice of appeal and December 24, 2019 notices of cross appeal are 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 December 12, 2019 motion for a new trial. 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, appellants shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellants intends to prosecute these appeals. To appeal the district courts ruling on the post-judgment motion, appellants 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. [11551755] [19-36104, 19-36105, 19-36106] (CKP) [Entered: 01/06/2020 12:14 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL FOR APPELLEES CROSS APPELLANTS AND PRO SE APPELLANT CROSS APPELLEE. SEND MQ: No. Setting cross-appeal briefing schedule as follows: First cross appeal brief due 04/02/2020 for Laurence Stewart. Second brief on cross appeal due 05/04/2020 for Colleen Ambrose, Arnold, Mike Batista, Berkebile, Does, Spiegle, Laurence Stewart, Weaver and Loraine Woonik. Third brief on cross appeal due 06/04/2020 for Laurence Stewart . Optional cross appeal Reply brief for Mike Batista, Loraine Woonik, and Colleen Ambrose is due within 21 days of service of Third brief on cross appeal. [11544581] [19-36105, 19-36104] (RT) [Entered: 12/26/2019 03:30 PM] |
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