Robert Hatcher v. Ablos, et al
| WILLIAM G. TRAINOR, Officer of Assign Counsel Court Ordered, JACKIE BRABEN, DAC Legal Runner, ABLOS, Law Library Counsel and F. MICHAEL GARCIA, Director of OAC |
| ROBERT HATCHER |
| 19-55889 |
| July 31, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 3 Filed clerk order (Deputy Clerk: LAB): A review of the record reflects that this appeal may be frivolous because appellant has had three or more prior actions or appeals dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be granted, and appellant does not appear to allege imminent danger of serious physical injury. See 28 U.S.C. 1915(g). 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). Further, to proceed in forma pauperis on appeal, appellant must allege the continued existence of imminent danger at the time the notice of appeal is filed. See 28 U.S.C. 1915(g); see also Williams v. Paramo, 775 F.3d 1182, 1187 (9th Cir. 2015) (plaintiffs must allege the continued existence of imminent danger at the time the notice of appeal is filed). 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, and show cause why his motion to proceed in forma pauperis should not be denied pursuant to 28 U.S.C. 1915(g). 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 the court dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). The briefing schedule for this appeal remains stayed. [11405857] (HC) [Entered: 08/21/2019 03:33 PM] |
| Filing 2 Filed Appellant Robert Hatcher motion to proceed In Forma Pauperis. Deficiencies: None. Served on 07/15/2019. [11382427] (HC) [Entered: 07/31/2019 10:45 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Robert Hatcher opening brief due 09/27/2019. (No appearance for Appellees, no answering brief deadlines set) [11382416] (HC) [Entered: 07/31/2019 10:41 AM] |
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