Mark Gicewicz v. Bdb Capital, LLC, et al
| MARK E. GICEWICZ |
| BDB CAPITAL, LLC, ANDREW PECK and CORNER CONNECT |
| 20-15892 |
| May 7, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 7 Filed clerk order (Deputy Clerk: CO): Appellants motion for a 45 day extension of time [ # 6 ] to respond to this courts May 28, 2020 order is granted. Appellant shall file a response on or before August 17, 2020. Failure to comply with this order shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute under Ninth Circuit Rule 42-1. Briefing remains stayed pending further order of the court. [11741111] (CKP) [Entered: 07/02/2020 02:06 PM] |
| Filing 6 Filed Appellant Mark E. Gicewicz motion to extend time to comply with the order dated 05/28/2020. Deficiencies: None. [11739709] (NAC) [Entered: 07/01/2020 11:52 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: CO): A review of the district courts docket reflects that the district court revoked 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. [11704099] (CKP) [Entered: 05/28/2020 02:37 PM] |
| Filing 4 Fee status changed ( [Case Number 20-15892: Due] ). [11703431] (CO) [Entered: 05/28/2020 09:10 AM] |
Filing 3
Received copy of District Court order filed on 05/27/2020. After reviewing the record, the Court hereby finds that Plaintiff's in forma pauperis status should be revoked because his appeal is frivolous. The Clerk of Court is directed to mail a copy of this Order to the Clerk of Court for the Ninth Circuit Court of Appeals. Signed by Judge Rosemary Marquez on 5/26/2020 [11702591] (NAC) [Entered: 05/27/2020 01:50 PM]
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| 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. [11688987] (CKP) [Entered: 05/13/2020 06:48 AM] |
| 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 Mark E. Gicewicz opening brief due 07/06/2020. [11684278] (JMR) [Entered: 05/07/2020 04:41 PM] |
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