David Rademaker v. D. Paramo, et al
| B. SELF, R. OLSON, E. GAREZ, J. JUAREZ and V. SOSA |
| R. SEGOVIA, R. DECASTRO, G. STRATTON, Chief Deputy Warden and D. PARAMO, Warden |
| DAVID RADEMAKER |
| 19-56245 |
| October 29, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 3 Filed Appellant David Rademaker letter dated re: Two different cases were combined as one by accident. Paper filing deficiency: None. [11503610] (JFF) [Entered: 11/19/2019 10:03 AM] |
| 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 25, 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 17, 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. [11487523] (CKP) [Entered: 11/04/2019 11:27 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant David Rademaker opening brief due 12/24/2019. Appellees R. Decastro, D. Paramo, R. Segovia and G. Stratton answering brief due 01/23/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11481211] (JPD) [Entered: 10/29/2019 10:31 AM] |
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