David Florence v. S. Kernan, et al
| DAVID FLORENCE |
| S. KERNAN, Secretary of CDCR, K. ALLISON, Director of CDCR, B. KIBLER, Chief Deputy Warden, K. J. POGUE, Under Secretary and R. M. DIAZ, Under Secretary |
| 20-15855 |
| May 5, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on June 5, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 Filed original and 8 copies of Appellant David Florence opening brief of 21 pages (Informal: Yes). Served on 06/02/2020. [11714177] (LA) [Entered: 06/08/2020 11:55 AM] |
| Filing 4 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner completed authorization fee order. [11693615] (CKP) [Entered: 05/18/2020 11:15 AM] |
| Filing 3 Received PLRA authorization response from appellant. Dated 05/12/2020. [Case Number 20-15855: Partially Paid] [11692591] (RL) [Entered: 05/15/2020 02:30 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The appeal filed May 4, 2020 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The briefing schedule shall be established as follows: appellants opening brief is due June 3, 2020. Because there is no appearance by appellees, briefing will be completed upon the filing of the opening brief. The appeal and any motions pending at the time briefing is completed shall be referred to the next available motions panel for disposition. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). A review of the district court docket reflects that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date. Consequently, appellant's forma pauperis status continues in this court. Fed. R. App. P. 24(a). Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant must pay the full amount of the filing and docketing fees for this appeal when funds are available in appellant's account. Consequently, within 21 days after the filing date of this order, appellant shall complete and file with this court the enclosed authorization form, which directs the prison officials at appellant's institution to assess, collect, and forward to the court the $505.00 filing and docketing fees for this appeal on a monthly basis whenever funds exist in appellant's trust fund account. These fees will continue to be collected regardless of the date or manner of disposition of this appeal. See 28 U.S.C. 1915(b)(2) and (e)(2). Appellant is not responsible for payment when the funds in appellants prison trust account total less than $10.00, but payments must resume when additional deposits are made or funds are otherwise available. Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11685196] (CKP) [Entered: 05/08/2020 01:20 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 David Florence opening brief due 07/06/2020. [11681066] (JPD) [Entered: 05/05/2020 12:07 PM] |
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