Angel Osornio v. Kaiser Foundation Hospitals, et al
| SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP, KAISER FOUNDATION HEALTH PLAN, INC. and KAISER FOUNDATION HOSPITALS |
| ANGEL OSORNIO |
| 19-55082 |
| January 17, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 8 MANDATE ISSUED. (EL, CTB and NRS) [11259049] (QDL) [Entered: 04/10/2019 10:30 AM] |
| Filing 7 Filed order (EDWARD LEAVY, CARLOS T. BEA and N. RANDY SMITH): The district court certified that this appeal is not taken in good faith and is frivolous and denied appellants motion to proceed in forma pauperis on appeal. See 28 U.S.C. 1915(a). On January 28, 2019, the court ordered appellant to explain in writing why this appeal should not be dismissed as frivolous. See 28 U.S.C. 1915(e)(2) (court shall dismiss case at any time, if court determines it is frivolous or malicious). Upon a review of the record and the response to the courts January 28, 2019 order, we conclude this appeal is frivolous. We therefore deny appellants motions to proceed in forma pauperis (Docket Entry Nos. [ # 2 ] & [ # 4 ]), and dismiss this appeal as frivolous, pursuant to 28 U.S.C. 1915(e)(2). DISMISSED. [11234424] (AF) [Entered: 03/19/2019 03:06 PM] |
| Filing 6 Filed Appellant Angel Osornio statement that appeal should go forward. Served on 02/11/2019. [11197868] (QDL) [Entered: 02/15/2019 03:44 PM] |
| Filing 5 Received copy of District Court order filed on 01/22/2019 denying motion for leave to appeal in forma pauperis. [11191056] (QDL) [Entered: 02/14/2019 04:41 PM] |
| Filing 4 Filed Appellant Angel Osornio motion to proceed In Forma Pauperis. Deficiencies: None. Served on 01/28/2019. [11176831] (QDL) [Entered: 02/01/2019 04:55 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: CO): A review of the district courts docket reflects that the district court has certified that this appeal is not taken in good faith and is frivolous and has denied appellant leave to proceed in forma pauperis. 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. 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. [11169034] (CKP) [Entered: 01/28/2019 12:12 PM] |
| Filing 2 Filed Appellant Angel Osornio motion to proceed In Forma Pauperis. Deficiencies: None. Served on 01/08/2019. [11157129] (RT) [Entered: 01/17/2019 11:19 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Angel Osornio opening brief due 03/20/2019. [11157108] (RT) [Entered: 01/17/2019 11:15 AM] |
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