Tatyana Drevaleva v. USA, et al
| UNITED STATES OF AMERICA, DEPARTMENT OF VETERANS AFFAIRS, PHIL JOHNSON, in his individual capacity as an Assistant Manager of 5D of the Ramond G. Murphy VAMC and CARLA DUNKELBERGER, in her individual capacity as a manager of 5D of the Raymond G. Murphy VAMC |
| TATYANA EVGENIEVNA DREVALEVA |
| 20-15596 |
| April 6, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 12 Filed (ECF) Appellant Tatyana Evgenievna Drevaleva Correspondence: Failure of Defendants to respond to my Motion to Strike.. Date of service: 05/10/2020 [11685776] [20-15596] (Drevaleva, Tatyana) [Entered: 05/10/2020 10:01 AM] |
| Filing 11 Filed (ECF) Appellant Tatyana Evgenievna Drevaleva Supplemental Motion to strike whole of Defendants' April 23, 2020 Reply to my Response to the April 06, 2020 Clerk's Order to Show Cause.. Date of service: 04/27/2020. [11673403] [20-15596] (Drevaleva, Tatyana) [Entered: 04/27/2020 05:03 PM] |
| Filing 10 Filed (ECF) Appellant Tatyana Evgenievna Drevaleva Correspondence: Letter to the Clerk of the 9th Circuit.. Date of service: 04/27/2020 [11671900] [20-15596] (Drevaleva, Tatyana) [Entered: 04/27/2020 05:10 AM] |
| Filing 9 Filed (ECF) Appellees Department of Veterans Affairs and USA reply to response to order to show cause dated 04/13/2020. Date of service: 04/24/2020. [11671341] [20-15596] (Robinson, Kimberly) [Entered: 04/24/2020 03:03 PM] |
| Filing 8 Added Attorney(s) Kimberly Robinson for party(s) Appellee Department of Veterans Affairs Appellee USA, in case 20-15596. [11670443] (NAC) [Entered: 04/24/2020 07:13 AM] |
| Filing 7 Filed (ECF) notice of appearance of Kimberly Anne Robinson (United States Attorney's Office 1301 Clay Street, Suite 340-S Oakland, CA 94612-5217) for Appellees Department of Veterans Affairs and USA. Date of service: 04/23/2020. (Party was previously proceeding with counsel.) [11670324] [20-15596] (Robinson, Kimberly) [Entered: 04/23/2020 05:02 PM] |
| Filing 6 Received copy of amended notice of appeal filed 4/23/2020, from district court. [11670168] (HH) [Entered: 04/23/2020 03:41 PM] |
| Filing 5 Filed (ECF) Appellant Tatyana Evgenievna Drevaleva response to Court order dated 04/13/2020. Date of service: 04/14/2020 [11661078] [20-15596]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 04/14/2020 by SLM] (Drevaleva, Tatyana) [Entered: 04/14/2020 04:03 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: CO): On April 6, 2020, this court issued an order staying appellate proceedings pending disposition of the motion for reconsideration in the district court. On April 9, 2020, the district court denied the motion. The stay order filed April 6, 2020, 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. [11659028] (CKP) [Entered: 04/13/2020 12:22 PM] |
| Filing 3 Filed (ECF) Appellant Tatyana Evgenievna Drevaleva response to Court order dated 04/06/2020. Date of service: 04/11/2020. [11658289] [20-15596] (Drevaleva, Tatyana) [Entered: 04/11/2020 05:25 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): 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 April 2, 2020 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 March 12, 2020 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. [11652981] (CKP) [Entered: 04/06/2020 03:23 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 Tatyana Evgenievna Drevaleva opening brief due 06/01/2020. [11652173] (JMR) [Entered: 04/06/2020 10:20 AM] |
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