Enrique Sanchez v. Kimberly Seibel, et al
| HOWARD TUNG, Surgeon at Tri-City Medical Center, in his individual capacity, J. COVARRUBIAS, Correctional Officer/Medical Transportation Team, in his/her individual and official capacities and L. ADAMS, in his/her individual and official capacities |
| ENRIQUE SALINAS SANCHEZ |
| KIMBERLY A. SEIBEL, Warden and ORRY MARCIANO, Physician Assistant at CVSP, C-Yard, in his individual and official capacities |
| 19-56050 |
| September 6, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| ENRIQUE SANCHEZ V. KIMBERLY SEIBEL |
Docket Report
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This docket was last retrieved on November 1, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 13 Filed Appellant Enrique Salinas Sanchez statement that appeal should go forward. Served on 10/28/2019. [11488426] (RL) [Entered: 11/04/2019 03:18 PM] |
| Filing 12 Attorney Leena M. Sheet substituted by Attorney Brian Shu-Yen Chan. [11486404] (RL) [Entered: 11/01/2019 02:10 PM] |
| Filing 11 Filed (ECF) notice of appearance of Brian S. Chan (California Office of the Attorney General, 1300 I Street, Sacramento, CA 95814) for Appellees Orry Marciano and Kimberly A. Seibel. Substitution for Attorney Ms. Leena M. Sheet, Esquire for Appellees Orry Marciano and Kimberly A. Seibel. Date of service: 11/01/2019. (Party was previously proceeding with counsel.) [11486382] [19-56050] (Chan, Brian) [Entered: 11/01/2019 02:02 PM] |
| Filing 10 Streamlined request by Appellant Enrique Salinas Sanchez to extend time to file the brief is not approved because it is unnecessary. The briefing schedule is stayed and will be reset upon resolution of the pending motions. See 9th Cir. R. 27-11. [11480182] (JN) [Entered: 10/28/2019 02:26 PM] |
| Filing 9 Filed (ECF) Appellees Orry Marciano and Kimberly A. Seibel Motion to extend time to file a response until 11/14/2019. Date of service: 10/24/2019. [11477320] [19-56050] (Sheet, Leena) [Entered: 10/24/2019 05:23 PM] |
| Filing 8 Filed Appellant Enrique Salinas Sanchez FORM 4 motion and affidavit for permission to proceed in forma pauperis. Deficiencies: None. Served on 10/14/2019. [11470206] (RL) [Entered: 10/18/2019 04:02 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: LAB): A review of the district courts docket reflects that the district court has denied appellant leave to proceed on appeal 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 files a statement that the appeal should go forward, appellant also must: (1) file in this court a motion to proceed in forma pauperis, OR (2) pay to the district court $505.00 for the filing and docketing fees for this appeal AND file in this court proof that the $505.00 was paid. 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). If appellant files a statement that the appeal should go forward, appellees may file a response within 10 days after service of appellants statement. The briefing schedule for this appeal is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, (2) a form statement that the appeal should go forward, and (3) a Form 4 financial affidavit. Appellant may use the enclosed forms for any motion to dismiss the appeal, statement that the appeal should go forward, and/or motion to proceed in forma pauperis. [11467684] (OC) [Entered: 10/17/2019 10:17 AM] |
| Filing 6 Received copy of District Court order filed on 10/03/2019 ORDER on motion for leave to appeal in forma pauperis 28 USC 753(f), 28 USC 1915. The court has considered the motion and the motion is DENIED. [11454175] (RL) [Entered: 10/04/2019 10:11 AM] |
| Filing 5 Sent requested copy of docket sheet, rules book, and all documents filed by appellant to said appellant Enrique Salinas Sanchez in response to Docket No. [ # 4 ] [11449968] (DB) [Entered: 10/01/2019 11:46 AM] |
| Filing 4 Filed Appellant Enrique Salinas Sanchez letter dated 09/23/2019 re: FORM 29--request for docket sheet, request for rules book, request for all documents filed by appellant. Paper filing deficiency: None. [11449239] (RL) [Entered: 09/30/2019 04:32 PM] |
| Filing 3 Filed Appellant Enrique Salinas Sanchez FORM 24 motion for appointment of counsel. Deficiencies: None. Served on 09/23/2019. [11449228] (RL) [Entered: 09/30/2019 04:28 PM] |
| Filing 2 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [11426563] (CKP) [Entered: 09/10/2019 11:01 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Enrique Salinas Sanchez opening brief due 10/25/2019. Appellees Orry Marciano and Kimberly A. Seibel, Warden answering brief due 11/25/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11423988] (JBS) [Entered: 09/06/2019 03:39 PM] |
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| Defendant: HOWARD TUNG, Surgeon at Tri-City Medical Center, in his individual capacity | |
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| Defendant: J. COVARRUBIAS, Correctional Officer/Medical Transportation Team, in his/her individual and official capacities | |
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| Defendant: L. ADAMS, in his/her individual and official capacities | |
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| Plaintiff / appellant: ENRIQUE SALINAS SANCHEZ | |
| Represented By: | Enrique Salinas Sanchez |
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| Defendant / appellee: KIMBERLY A. SEIBEL, Warden | |
| Represented By: | Leena M. Sheet Esquire |
| Represented By: | Brian Shu-Yen Chan |
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| Defendant / appellee: ORRY MARCIANO, Physician Assistant at CVSP, C-Yard, in his individual and official capacities | |
| Represented By: | Leena M. Sheet Esquire |
| Represented By: | Brian Shu-Yen Chan |
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