Lan Nguyen v. James Demus, et al
| CHARLES M. FARANO, RE Attorney, CINDY PHAM, Broker, AMIE THAO DIEP DANG, Broker, PHU THI NGOC LE, Realtor, CALVIN THANH LE, Broker, JAMES DEMUS, Assistant Chief Counsel DRE, DAVE VO, RE Attorney, NANCY TRAN, RE Escrow Officer, PHU VAN NGUYEN, RE Broker, KELLY S. JOHNSON, Esq, HUNG QUANG TRAN, RE Broker and ADRIAN QUI DANG, RE Broker |
| LAN THI TRAN NGUYEN |
| 19-55433 |
| April 16, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 12 Filed Appellant Lan Thi Tran Nguyen motion grantinga free legal access. Deficiencies: None. Served on 05/24/2019. [11309247] (JFF) [Entered: 05/24/2019 03:57 PM] |
| Filing 11 Filed Appellant Lan Thi Tran Nguyen statement that appeal should go forward.. [11298468] (JFF) [Entered: 05/15/2019 11:57 AM] |
| Filing 10 Filed clerk order (Deputy Clerk: JW): On April 19, 2019, this court issued an order staying appellate proceedings pending disposition of the April 12, 2019 motion in the district court. On April 26, 2019, the district court denied the motion. The stay order filed April 19, 2019, is lifted and this appeal shall proceed. A review of the district courts docket reflects that the district court denied appellant leave to proceed in forma pauperis because it found that the action was 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. 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. [11283338] (CKP) [Entered: 05/01/2019 11:44 AM] |
| Filing 9 Filed Appellant Lan Thi Tran Nguyen motion to correct the record. Deficiencies: None. Served on 04/12/2019. [11279359] (JFF) [Entered: 04/26/2019 03:58 PM] |
| Filing 8 Filed Appellant Lan Thi Tran Nguyen motion to appoint counsel. Deficiencies: None. Served on 04/12/2019. [11279346] (JFF) [Entered: 04/26/2019 03:52 PM] |
| Filing 7 Filed Appellant Lan Thi Tran Nguyen motion to complete production of Reporters Transcript at government expense. Deficiencies: None. Served on 04/12/2019. [11279342] (JFF) [Entered: 04/26/2019 03:50 PM] |
| Filing 6 Filed Appellant Lan Thi Tran Nguyen petition for writ of mandamus. Deficiencies: None. Served on 04/12/2019. [11277802] (JFF) [Entered: 04/25/2019 03:54 PM] |
| Filing 5 Received original and 0 copies of Appellant Lan Thi Tran Nguyen opening brief (Informal: Yes) 18 pages. Served on 04/12/2019. Major deficiencies: motions pending. [11275849] (KT) [Entered: 04/24/2019 02:37 PM] |
| Filing 4 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 April 12, 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 April 12, 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. [11270210] (CKP) [Entered: 04/19/2019 11:48 AM] |
| Filing 3 Filed Appellant Lan Thi Tran Nguyen motion to appoint pro bono counsel. Deficiencies: None. Served on 04/12/2019. [11265235] (JBS) [Entered: 04/16/2019 10:17 AM] |
| Filing 2 Filed Appellant Lan Thi Tran Nguyen motion to proceed In Forma Pauperis. Deficiencies: None. Served on 04/12/2019. [11265230] (JBS) [Entered: 04/16/2019 10:16 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 Lan Thi Tran Nguyen opening brief due 06/11/2019. [11265212] (JBS) [Entered: 04/16/2019 10:12 AM] |
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