Raul Hernandez v. Matthew Cate, et al
| M. PAYTON, Correctional Captain at Ironwood State Prison, in his individual capacity and official capacity, S. L. PALMER, Correctional Sergeant, in his/her individual capacity and official capacity, B. ARNESON, Correctional Counselor II, in his/her individual capacity and official capacity, DAVID B. LONG, Chief Deputy Warden at Ironwood State Prison, in his official capacity and individual capacity, R. PHILLIPS, Appeals Examiner/Correctional Captain, in his/her individual capacity and official capacity, TIM BUSBY, Warden of Ironwood State Prison, in his individual capacity and official capacity, Y. RETTAGLIATA, Correctional Captain (A) at Ironwood State Prison, in his individual capacity and official capacity, MATTHEW CATE, Secretary of the Department of Corrections, in his individual capacity and official capacity, D. PINSON, Correctional Lieutenant, in his/her individual capacity and official capacity and S. WIGGINS, Correctional Lieutenant, in his/her individual capacity and official capacity |
| RAUL HERNANDEZ |
| 19-55027 |
| January 7, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 12 Attorney Leena M. Sheet in 19-55027 substituted by Attorney Kevin Allen Voth in 19-55027 [11217343] (RR) [Entered: 03/05/2019 05:42 PM] |
| Filing 11 Filed (ECF) notice of appearance of Kevin A. Voth for Appellees Matthew Cate, R. Phillips, Tim Busby, S. Wiggins, S. L. Palmer, B. Arneson, M. Payton, David B. Long and Y. Rettagliata. Substitution for Attorney Ms. Leena M. Sheet, Esquire for Appellees B. Arneson, Tim Busby, Matthew Cate, David B. Long, S. L. Palmer, M. Payton, R. Phillips, D. Pinson, Y. Rettagliata and S. Wiggins. Date of service: 03/05/2019. (Party previously proceeding without counsel: No) [11217094] [19-55027] (Voth, Kevin) [Entered: 03/05/2019 03:35 PM] |
| Filing 10 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner completed authorization fee order. [11211094] (CKP) [Entered: 02/28/2019 10:29 AM] |
| Filing 9 Streamlined request by Appellant Raul Hernandez to extend time to file the brief is approved. Amended briefing schedule: Appellant Raul Hernandez opening brief due 04/01/2019. Appellees B. Arneson, Tim Busby, Matthew Cate, David B. Long, S. L. Palmer, M. Payton, R. Phillips, D. Pinson, Y. Rettagliata and S. Wiggins answering brief due 05/01/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11209877] (DJW) [Entered: 02/27/2019 01:55 PM] |
| Filing 8 Sent Appellant a copy of the docket sheet in response to his letter of request received on 02/22/2019. [11209292] (JR) [Entered: 02/27/2019 10:11 AM] |
| Filing 7 Received Appellant Raul Hernandez notice requesting copy of documents. [11208478] (RR) [Entered: 02/26/2019 02:58 PM] |
| Filing 6 Received PLRA authorization response from appellant. Dated 02/19/2019. [11208470] (RR) [Entered: 02/26/2019 02:57 PM] |
| Filing 5 Received copy of amended notice of appeal from district court. [11189090] (RR) [Entered: 02/13/2019 01:50 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: JW): On January 9, 2019, this court issued an order staying appellate proceedings pending disposition of the December 18, 2018 motion in the district court. On January 16, 2019, the district court denied the motion. The stay order filed January 9, 2019, is lifted and this appeal shall proceed. 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, appellants 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 appellants 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 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 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. If appellant fails to comply with this order, the appeal may be dismissed by the Clerk. See 9th Cir. R. 42-1. The previously established briefing schedule is reinstated. The Clerk shall serve this order and a prisoner authorization form on appellant. [11185557] (CKP) [Entered: 02/11/2019 11:37 AM] |
| Filing 3 Filed Appellant Raul Hernandez response to court's order of 1/9/19. Served on 01/30/2019. [11181852] (RR) [Entered: 02/06/2019 05:01 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): 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 December 31, 2018 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 December 18, 2018 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. [11147039] (CKP) [Entered: 01/09/2019 01:50 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Raul Hernandez opening brief due 03/01/2019. Appellees B. Arneson, Tim Busby, Matthew Cate, David B. Long, S. L. Palmer, M. Payton, R. Phillips, D. Pinson, Y. Rettagliata and S. Wiggins answering brief due 04/01/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11144153] (JPD) [Entered: 01/07/2019 04:33 PM] |
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| Defendant / appellee: M. PAYTON, Correctional Captain at Ironwood State Prison, in his individual capacity and official capacity | |
| Represented By: | Leena M. Sheet Esquire |
| Represented By: | Kevin Allen Voth |
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| Defendant / appellee: S. L. PALMER, Correctional Sergeant, in his/her individual capacity and official capacity | |
| Represented By: | Leena M. Sheet Esquire |
| Represented By: | Kevin Allen Voth |
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| Defendant / appellee: B. ARNESON, Correctional Counselor II, in his/her individual capacity and official capacity | |
| Represented By: | Leena M. Sheet Esquire |
| Represented By: | Kevin Allen Voth |
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| Defendant / appellee: DAVID B. LONG, Chief Deputy Warden at Ironwood State Prison, in his official capacity and individual capacity | |
| Represented By: | Leena M. Sheet Esquire |
| Represented By: | Kevin Allen Voth |
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| Defendant / appellee: R. PHILLIPS, Appeals Examiner/Correctional Captain, in his/her individual capacity and official capacity | |
| Represented By: | Leena M. Sheet Esquire |
| Represented By: | Kevin Allen Voth |
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| Defendant / appellee: TIM BUSBY, Warden of Ironwood State Prison, in his individual capacity and official capacity | |
| Represented By: | Leena M. Sheet Esquire |
| Represented By: | Kevin Allen Voth |
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| Defendant / appellee: Y. RETTAGLIATA, Correctional Captain (A) at Ironwood State Prison, in his individual capacity and official capacity | |
| Represented By: | Leena M. Sheet Esquire |
| Represented By: | Kevin Allen Voth |
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| Defendant / appellee: MATTHEW CATE, Secretary of the Department of Corrections, in his individual capacity and official capacity | |
| Represented By: | Leena M. Sheet Esquire |
| Represented By: | Kevin Allen Voth |
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| Defendant / appellee: D. PINSON, Correctional Lieutenant, in his/her individual capacity and official capacity | |
| Represented By: | Leena M. Sheet Esquire |
| Represented By: | Kevin Allen Voth |
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| Defendant / appellee: S. WIGGINS, Correctional Lieutenant, in his/her individual capacity and official capacity | |
| Represented By: | Leena M. Sheet Esquire |
| Represented By: | Kevin Allen Voth |
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| Plaintiff / appellant: RAUL HERNANDEZ | |
| Represented By: | Raul Hernandez |
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