Robert Gibson v. R. Gonzales, et al
| CARBONE, Correctional Officer, R. BINKELE, Deputy Warden, J. MCCALL, Correctional Administrator, ORTEGA, Correctional Officer, E. BORLA, Correctional Administrator II, M. TELLEZ, Sergeant, C. SHARPS, Lieutenant, C. HERNANDEZ, R. GAMBOA, Correctional Administrator I, G. GASH, Kitchen Supervisor, CUERVO, Correctional Officer, J. AYERS, ZAVALA, Correctional Officer and CELYA, Correctional Lieutenant |
| JERRY AYERS, Adult Education Teacher, STEVENSON, Correctional Lieutenant, BOJORQUEZ, Correctional Lieutenant, R. GONZALES, Correctional Officer and J. CELAYA, Captain |
| ROBERT D. GIBSON |
| 20-16001 |
| May 22, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on July 17, 2020. A more recent docket listing may be available from PACER.
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| Filing 10 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 07/16/2020. [11758742] (RT) [Entered: 07/20/2020 12:45 PM] |
| Filing 9 Filed clerk order (Deputy Clerk: LCC): Appellants motion for an extension of time to comply with the courts June 25, 2020 order (Docket Entry No. [ # 8 ]) is granted. Appellant shall have until August 21, 2020 to comply with the June 25, 2020 order. Briefing remains stayed pending further order of the court. [11756618] (AF) [Entered: 07/17/2020 11:20 AM] |
| Filing 8 Filed Appellant Robert D. Gibson motion to extend time to comply with the order dated 06/25/2020. Deficiencies: None. Served on 07/09/2020. [11751238] (CW) [Entered: 07/13/2020 04:06 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: LCC): Appellant has filed motions to proceed in forma pauperis in this appeal. However, a review of the record reflects that appellant has had three or more prior actions or appeals dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be granted. See Gibson v. Chief Med. Officer, et al., No. 2:09-cv-00230 (E.D. Cal. Dec. 14, 2010) (dismissed for failure to state a claim); Gibson v. Walco Co., et al., No. 3:95-cv-02430 (N.D. Cal. Nov. 9, 1995) (dismissed for failure to state a claim); Gibson v. Gomez, et al., No. 3:95-cv-03114 (N.D. Cal. Nov. 6, 1995) (dismissed for failure to state a claim). A prisoner with three prior actions dismissed as frivolous or for failure to state a claim may proceed in forma pauperis on appeal only if the prisoner is under imminent danger of serious physical injury at the time the notice of appeal is filed. See 28 U.S.C. 1915(g); Williams v. Paramo, 775 F.3d 1182, 1187 (9th Cir. 2015) ([P]laintiffs must allege the continued existence of imminent danger at the time the notice of appeal is filed[.]). Within 21 days after the date of this order, appellant must either: (1) file a statement explaining how appellant was under imminent danger of serious physical injury at the time the notice of appeal was filed; OR (2) pay to the district court $505.00 for the filing and docketing fees for this appeal. If appellant files a statement, appellees may file a response within 10 days after service of appellants statement. All pending motions will be addressed by separate order. Briefing is stayed pending further order of this court. [11733198] (AF) [Entered: 06/25/2020 09:57 AM] |
| Filing 6 Filed Appellant Robert D. Gibson 2nd motion to proceed In Forma Pauperis. Deficiencies: None. Served on 06/09/2020. [11722536] (CW) [Entered: 06/15/2020 05:13 PM] |
| Filing 5 Filed Appellant Robert D. Gibson motion to appoint counsel. Deficiencies: None. Served on 05/31/2020. [11711919] (CW) [Entered: 06/05/2020 07:13 AM] |
| Filing 4 Filed Appellant Robert D. Gibson motion to proceed In Forma Pauperis. Deficiencies: None. Served on 05/31/2020. [11711918] (CW) [Entered: 06/05/2020 07:12 AM] |
| Filing 3 Filed Appellant Robert D. Gibson motion to extend time to comply with the order dated 05/27/2020. Deficiencies: None. Served on 05/31/2020. [11711914] (CW) [Entered: 06/05/2020 07:10 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [11702567] (CKP) [Entered: 05/27/2020 01:41 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Robert D. Gibson opening brief due 07/17/2020. Appellees Jerry Ayers, Bojorquez, J. Celaya, R. Gonzales and Stevenson answering brief due 08/17/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11699458] (JMR) [Entered: 05/22/2020 02:37 PM] |
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