Darrell Archer v. CIR
Petitioner / Appellant: DARRELL ARCHER
Respondent / Appellee: COMMISSIONER OF INTERNAL REVENUE
Case Number: 19-70304
Filed: February 4, 2019
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other

Opinions

We have the following opinions for this case:

Date Filed Description
September 16, 2020 DARRELL ARCHER V. CIR

Docket Report

This docket was last retrieved on December 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 16, 2020 Filing 36 MANDATE ISSUED. (AWT, BGS and JBO) [11929239] [19-70305, 19-70304] (CW) [Entered: 12/16/2020 07:49 AM]
December 8, 2020 Filing 35 Filed order (A. WALLACE TASHIMA, BARRY G. SILVERMAN and JOHN B. OWENS): The panel has voted to deny the petition for panel rehearing. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. See Fed. R. App. P. 35. Archers petition for panel rehearing and petition for rehearing en banc (Docket Entry No. [ # 33 ] in Appeal No. 19-70304; Docket Entry No. 30 in Appeal No. 19-70305) are denied. No further filings will be entertained in this closed case. [11919535] [19-70304, 19-70305] (AF) [Entered: 12/08/2020 06:27 PM]
September 28, 2020 Filing 34 Filed (ECF) Appellee CIR bill of costs (Form 10) in the amount of $70.63 USD. Date of service: 09/28/2020 [11838748] [19-70304] (Haungs, Michael) [Entered: 09/28/2020 10:45 AM]
September 24, 2020 Filing 33 Filed (ECF) Appellant Mr. Darrell Archer in 19-70304, 19-70305 petition for panel rehearing and petition for rehearing en banc (from 09/16/2020 opinion). Date of service: 09/24/2020. [11835249] [19-70304, 19-70305]--[COURT ENTERED FILING to correct entry [32].] (SLM) [Entered: 09/24/2020 08:33 AM]
September 24, 2020 Filing 32 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 33 ]. Original Text: Filed (ECF) Appellant Mr. Darrell Archer in 19-70304, 19-70305 petition for rehearing en banc (from 09/16/2020 opinion). Date of service: 09/24/2020. [11835158] [19-70304, 19-70305] (Archer, Darrell) [Entered: 09/24/2020 07:12 AM]
September 16, 2020 Filing 31 FILED MEMORANDUM (A. WALLACE TASHIMA, BARRY G. SILVERMAN and JOHN B. OWENS) AFFIRMED. FILED AND ENTERED JUDGMENT. [11825778] [19-70304, 19-70305] (JN) [Entered: 09/16/2020 09:54 AM]
March 18, 2020 Filing 30 Filed (ECF) Tax Court Record. [11633533] [19-70304, 19-70305] (U.S. Tax Court, Records) [Entered: 03/18/2020 09:49 AM]
November 20, 2019 Filing 29 Filed 4 paper copies of supplemental excerpts of record [ # 26 ] in 1 volume(s) filed by Appellant Mr. Darrell Archer. [11505680] [19-70304, 19-70305] (LA) [Entered: 11/20/2019 01:49 PM]
November 14, 2019 Filing 28 Received 7 paper copies of Reply Brief [ # 25 ] filed by Mr. Darrell Archer. [11500617] [19-70304, 19-70305] (SD) [Entered: 11/15/2019 01:15 PM]
July 16, 2019 Filing 27 Filed clerk order: The reply brief [ # 25 ] submitted by Mr. Darrell Archer is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: not applicable. The Court has reviewed the supplemental excerpts of record [ # 26 ] submitted by Mr. Darrell Archer. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11365051] [19-70304, 19-70305] (LA) [Entered: 07/16/2019 12:26 PM]
July 13, 2019 Filing 26 Submitted (ECF) supplemental excerpts of record. Submitted by Appellant Mr. Darrell Archer in 19-70304, 19-70305. Date of service: 07/16/2019. [11364309] [19-70304, 19-70305]--[COURT UPDATE: Attached corrected PDF of excerpts, backdated entry to original submission date, updated docket text to reflect correct excerpts type and correct party filer. 07/16/2019 by LA] (Archer, Darrell) [Entered: 07/16/2019 07:35 AM]
July 13, 2019 Filing 25 Submitted (ECF) Reply Brief for review. Submitted by Appellant Mr. Darrell Archer in 19-70304, 19-70305. Date of service: 07/16/2019. [11364305] [19-70304, 19-70305]--[COURT UPDATE: Backdated entry to original submission date (07/13/2019), updated docket text to reflect correct filing party. 07/16/2019 by LA] (Archer, Darrell) [Entered: 07/16/2019 07:29 AM]
July 13, 2019 Filing 24 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entries: [ # 25 ], [ # 26 ]. Original Text: Filed (ECF) Appellant Mr. Darrell Archer in 19-70305, 19-70304 reply to answer to Miscellaneous petition. Date of service: 07/13/2019. [11362627] [19-70305, 19-70304] (Archer, Darrell) [Entered: 07/13/2019 08:16 AM]
July 5, 2019 Filing 23 Filed 4 paper copies of supplemental excerpts of record [ # 20 ] in 2 volume(s) filed by Appellee CIR. [11355401] [19-70304, 19-70305] (LA) [Entered: 07/05/2019 03:13 PM]
July 5, 2019 Filing 22 Received 7 paper copies of Answering Brief [ # 19 ] filed by CIR. [11355199] [19-70304, 19-70305] (SD) [Entered: 07/05/2019 01:54 PM]
June 28, 2019 Filing 21 Filed clerk order: The answering brief [ # 19 ] submitted by CIR is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The Court has reviewed the supplemental excerpts of record [ # 20 ] submitted by CIR. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11349461] [19-70304, 19-70305] (LA) [Entered: 06/28/2019 07:39 PM]
June 27, 2019 Filing 20 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee CIR in 19-70304, 19-70305. Date of service: 06/27/2019. [11346452] [19-70304, 19-70305] (Bradley, Janet) [Entered: 06/27/2019 09:23 AM]
June 27, 2019 Filing 19 Submitted (ECF) Answering Brief for review. Submitted by Appellee CIR in 19-70304, 19-70305. Date of service: 06/27/2019. [11346447] [19-70304, 19-70305] (Bradley, Janet) [Entered: 06/27/2019 09:18 AM]
June 25, 2019 Filing 18 Added attorney Michael J. Haungs for CIR, in case 19-70304 Michael J. Haungs for CIR, in case 19-70305. [11343817] [19-70304, 19-70305] (CW) [Entered: 06/25/2019 01:07 PM]
June 25, 2019 Filing 17 Filed (ECF) notice of appearance of Michael J. Haungs for Appellee CIR in 19-70304, 19-70305. Date of service: 06/25/2019. (Party previously proceeding without counsel: No) [11343762] [19-70304, 19-70305] (Haungs, Michael) [Entered: 06/25/2019 12:32 PM]
April 18, 2019 Filing 16 Received 7 paper copies of Opening Brief [ # 13 ], [ # 11260606-2 ] filed by Mr. Darrell Archer. [11270375] [19-70304, 19-70305] (SD) [Entered: 04/19/2019 01:10 PM]
April 18, 2019 Filing 15 Filed clerk order (Deputy Clerk: SM): Appellees unopposed motion (Docket Entry No. [ # 12 ]) to consolidate appeal Nos. 19-70304 and 19-70405 is granted. Appeal Nos. 19-70304 and19-70405 are consolidated. The briefing schedule established on March 20, 2019 shall continue to govern these consolidated appeals: the opening briefs were filed on April 12, 2019; the consolidated answering brief remains due June 27, 2019; and the consolidated optional reply brief is due within 21 days after service of the consolidated answering brief. [11268984] [19-70304, 19-70305] (AF) [Entered: 04/18/2019 02:38 PM]
April 12, 2019 Filing 14 Filed clerk order: The opening brief [ # 13 ] submitted by Mr. Darrell Archer is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: not applicable. The paper copies shall be submitted to the principal office of the Clerk. [11262809] (LA) [Entered: 04/12/2019 06:00 PM]
April 11, 2019 Filing 13 Submitted (ECF) Opening Brief for review. Submitted by Appellant Mr. Darrell Archer and Appellee CIR. Date of service: 03/11/2019. [11260635] [19-70304] (Archer, Darrell) [Entered: 04/11/2019 11:12 AM]
April 10, 2019 Filing 12 Filed (ECF) Appellee CIR Motion to consolidate cases 19-70304 and 19-70305. Date of service: 04/10/2019. [11259215] [19-70304] (Bradley, Janet) [Entered: 04/10/2019 11:31 AM]
April 3, 2019 Filing 11 Received notification from Petitioner of payment of docket fee. Receipt or check number: N/A. Date paid: 04/02/2019. Amount paid: USD 500.00. Fee status: [Case Number 19-70304: Paid]. [11251076] (BY) [Entered: 04/03/2019 08:43 AM]
April 2, 2019 Filing 10 Mail returned on 04/01/2019 addressed to Mr. Darrell Archer, re: 02/04/2019 Case Opening Information [ # 1 ] and 02/06/2019 order [ # 3 ]. Returned envelope notes: Return to sender, vacant, unable to forward. Resending to: case files; appellant is registered for Appellate ECF. [11250342] (JBS) [Entered: 04/02/2019 02:00 PM]
March 27, 2019 Filing 9 Filed clerk order (Deputy Clerk: MF): A review of the docket reflects that appellant has failed to respond to the courts February 6, 2019 order. The court sua sponte grants appellant an extension of time to respond to the order. Within 21 days after the date of this order, appellant shall comply with the February 6, 2019 order. If appellant fails to comply with this order, the appeal will be dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The briefing schedule established on March 20, 2019 remains in effect. The Clerk shall send a copy of the February 6, 2019 order to appellant along with this order. [11244222] (CKP) [Entered: 03/27/2019 02:57 PM]
March 26, 2019 Filing 8 Check number 9518109777 in the amount of $500.00, forwarded to district court. (See Case Files) [11242578] (JR) [Entered: 03/26/2019 11:46 AM]
March 20, 2019 Filing 7 Filed (ECF) Appellee CIR Correspondence: On February 6, 2019, the Court issued an order directing Mr. Archer to pay the required docket fee.. Date of service: 03/20/2019 [11235598] [19-70304] (Bradley, Janet) [Entered: 03/20/2019 12:10 PM]
March 20, 2019 Filing 6 Streamlined request by Appellant Mr. Darrell Archer to extend time to file the brief is approved. Amended briefing schedule: Appellant Darrell Archer opening brief due 05/28/2019. Appellee Commissioner of Internal Revenue answering brief due 06/27/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11235004] (JN) [Entered: 03/20/2019 09:03 AM]
February 12, 2019 Filing 5 Attorney Gilbert Steven Rothenberg in 19-70304 substituted by Attorney Janet A. Bradley in 19-70304 [11186729] (CW) [Entered: 02/12/2019 08:54 AM]
February 12, 2019 Filing 4 Filed (ECF) notice of appearance of Janet A. Bradley for Appellee CIR. Substitution for Attorney Mr. Gilbert Steven Rothenberg, Esquire for Appellee CIR. Date of service: 02/12/2019. (Party previously proceeding without counsel: No) [11186680] [19-70304] (Bradley, Janet) [Entered: 02/12/2019 08:30 AM]
February 6, 2019 Filing 3 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [11181474] (CKP) [Entered: 02/06/2019 02:36 PM]
February 6, 2019 Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [11181457] (CKP) [Entered: 02/06/2019 02:30 PM]
February 4, 2019 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Petitioner brief due 04/25/2019 for Darrell Archer. Respondent brief due 05/28/2019 for Commissioner of Internal Revenue. Appellant's optional reply brief is due 21 days after service of the answering brief. [11177716] (OC) [Entered: 02/04/2019 11:34 AM]

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Petitioner / appellant: DARRELL ARCHER
Represented By: Darrell Archer
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Respondent / appellee: COMMISSIONER OF INTERNAL REVENUE
Represented By: William J. Wilkins
Represented By: Janet A. Bradley Esquire
Represented By: Michael J. Haungs
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