Guillermo Trujillo v. M. Chappuis
| GUILLERMO CRUZ TRUJILLO |
| M. CHAPPUIS, Correctional Counselor |
| 20-15101 |
| January 23, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 20 MANDATE ISSUED. (MMS, MDH and KKL) [11807137] (CW) [Entered: 08/31/2020 08:00 AM] |
| Filing 19 Filed order (MARY M. SCHROEDER, MICHAEL DALY HAWKINS and KENNETH K. LEE): The district court certified that this appeal is not taken in good faith and denied appellant leave to proceed on appeal in forma pauperis. See 28 U.S.C. 1915(a). On March 13, 2020, this court ordered appellant to explain in writing why this appeal should not be dismissed as frivolous. See 28 U.S.C. 1915(e)(2) (court shall dismiss case at any time, if court determines it is frivolous or malicious). Upon a review of the record, the opening brief received on March 13, 2020, and responses to the March 13, 2020 order, we conclude this appeal is frivolous. We therefore deny appellants motion to proceed in forma pauperis (Docket Entry No. [ # 6 ]) and dismiss this appeal as frivolous, pursuant to 28 U.S.C. 1915(e)(2). All other pending motions are denied as moot. DISMISSED. [11781777] (AF) [Entered: 08/07/2020 03:53 PM] |
| Filing 18 Filed (ECF) Appellee M. Chappuis reply to response to order to show cause dated 03/13/2020. Date of service: 05/11/2020. [11686573] [20-15101] (Ganson, Jaime) [Entered: 05/11/2020 01:26 PM] |
| Filing 17 Received notice of change of address dated 05/01/2020 from Guillermo Cruz Trujillo. New address: P.O. Box 4999 Delano, CA 93216-0567. [11678745] --[Edited: Updated Address. 05/04/2020 by TYL] (CW) [Entered: 05/03/2020 04:30 PM] |
| Filing 16 Filed Appellant Guillermo Cruz Trujillo response to 3/13/20 order. Served on 03/28/2020. [11678744] (CW) [Entered: 05/03/2020 04:25 PM] |
| Filing 15 Received original and 0 copies of Appellant Guillermo Cruz Trujillo opening brief of 8 pages (Informal: Yes). Served on 03/10/2020. Major deficiency: briefing is stayed. [11630098] (LA) [Entered: 03/13/2020 04:33 PM] |
| Filing 14 Filed clerk order (Deputy Clerk: JW): A review of the district courts docket reflects that the district court has certified that this appeal is not taken in good faith and has denied appellants motion to proceed in forma pauperis on appeal. 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 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, appellee 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, and (2) a form statement that the appeal should go forward. Appellant may use the enclosed forms for any motion to dismiss the appeal or statement that the appeal should go forward. [11629873] (AF) [Entered: 03/13/2020 03:35 PM] |
| Filing 13 Received copy of District Court order filed on 03/12/2020 - appeal not taken in good faith, ifp on appeal is denied. [11628801] (CW) [Entered: 03/13/2020 09:00 AM] |
| Filing 12 Filed Appellant Guillermo Cruz Trujillo letter dated 02/28/2020 re: copy of docket, rules, and copy of 1/29/18 complaint. Sent rules and docket.. Paper filing deficiency: None. [11620731] (CW) [Entered: 03/06/2020 11:17 AM] |
| Filing 11 Filed order (WILLIAM C. CANBY and RONALD M. GOULD) A review of the record demonstrates that all parties did not consent to proceed before the magistrate judge. See Williams v. King, 875 F.3d 500, 503-04 (9th Cir. 2017) (all parties, including unserved defendants, must consent in order for jurisdiction to vest with the magistrate judge pursuant to 28 U.S.C. 636(c)(1)). Consequently, we vacate the magistrate judges January 28, 2020 order revoking appellants in forma pauperis status for this appeal and remand for the limited purpose of permitting the district judge to consider whether appellants in forma pauperis status should continue on appeal. See Columbia Record Productions v. Hot Wax Records, Inc., 966 F.2d 515, 516-17 (9th Cir. 1992) (holding that absent consent, a federal magistrate judge lacked authority to render a post-judgment decision that has a dispositive effect on the parties); Tripati v. Rison, 847 F.2d 548 (9th Cir. 1988) (absent consent of all parties, magistrate judge lacks authority to issue dispositive order denying in forma pauperis status). On remand, the district judge may treat the magistrate judges order as a report and recommendation. The district court is requested to serve a copy of its order on this court at its earliest convenience. Briefing and all pending motions are stayed pending further order of the court. [11612817] (CKP) [Entered: 02/28/2020 12:54 PM] |
| Filing 10 Filed (ECF) Appellee M. Chappuis response opposing motion ([ # 6 ] Party Motion). Date of service: 02/25/2020. [11608651] [20-15101] (Ganson, Jaime) [Entered: 02/25/2020 03:03 PM] |
| Filing 9 Attorney Van Kamberian in 20-15101 substituted by Attorney Jaime Ganson in 20-15101 [11603693] (CW) [Entered: 02/20/2020 03:01 PM] |
| Filing 8 Filed (ECF) notice of appearance of Jaime M. Ganson (Office of the Attorney General, 1300 I Street, Suite 125, Sacramento, CA 95814) for Appellee M. Chappuis. Substitution for Attorney Van Kamberian, Esquire for Appellee M. Chappuis. Date of service: 02/20/2020. (Party was previously proceeding with counsel.) [11603603] [20-15101] (Ganson, Jaime) [Entered: 02/20/2020 02:33 PM] |
| Filing 7 Fee status changed ( [Case Number 20-15101: Due] ). [11601449] (CW) [Entered: 02/19/2020 10:23 AM] |
| Filing 6 Filed motion to proceed In Forma Pauperis. Deficiencies: None. Served on 02/11/2020. [11601447] (CW) [Entered: 02/19/2020 10:22 AM] |
| Filing 5 Filed Appellant Guillermo Cruz Trujillo motion to appoint counsel. Deficiencies: None. Served on 02/11/2020. [11601378] (CW) [Entered: 02/19/2020 09:56 AM] |
| Filing 4 Received notice of change of address dated 02/11/2020 from Guillermo Cruz Trujillo. New address: North Kern State Prison POB 4999 Delano, CA 93216. [11601371]--[Edited: address updated. 02/19/2020 by SLM] (CW) [Entered: 02/19/2020 09:54 AM] |
| Filing 3 Received copy of District Court order filed on 01/28/2020 - appeal not taken in good faith, ifp revoked. [11579065] (CW) [Entered: 01/30/2020 07:37 AM] |
| 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. [11574814] (CKP) [Entered: 01/27/2020 10:35 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANTT. SEND MQ: No. The schedule is set as follows: Appellant Guillermo Cruz Trujillo opening brief due 03/24/2020. Appellee M. Chappuis answering brief due 04/24/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11572134] (RT) [Entered: 01/23/2020 02:36 PM] |
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| Plaintiff / appellant: GUILLERMO CRUZ TRUJILLO | |
| Represented By: | Guillermo Cruz Trujillo |
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| Defendant / appellee: M. CHAPPUIS, Correctional Counselor | |
| Represented By: | Van Kamberian Esquire |
| Represented By: | Jaime Ganson |
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