Arthur Lopez v. HSBC Bank USA, N.A., et al
| JAMES BRIEN COMEY, HSBC HOLDINGS, PLC, THE HONGKONG AND SHANGHAI BANKING CORPORATION and HSBC BANK USA, N.A. |
| ARTHUR LOPEZ |
| 19-56169 |
| October 3, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 Received copy of amended notice of appeal from district court filed on 10/28/2019. [11494268] (QDL) [Entered: 11/08/2019 01:51 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: JW): On October 9, 2019, this court issued an order staying appellate proceedings pending disposition of the October 2, 2019 motion in the district court. On October 18, 2019, the district court denied the motion. The stay order filed October 9, 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 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. 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. [11488444] (CKP) [Entered: 11/04/2019 03:26 PM] |
| Filing 3 Filed Appellant Arthur Lopez response to Court order dated 10/09/2019. Dated 10/21/2019. (Amended notice of appeal forwarded to district court.) [11485312] (QDL) [Entered: 10/31/2019 03:45 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 October 2, 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 October 2, 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. [11459487] (CKP) [Entered: 10/09/2019 01:36 PM] |
| 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 Arthur Lopez opening brief due 12/02/2019. [11453129] (JBS) [Entered: 10/03/2019 01:31 PM] |
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