David Khan, et al v. Pinole Police Department, et al
| ERIC CASHER, CONTRA COSTA COUNTY, & Employees, CITY OF DALY CITY, & Employees, CONTRA COSTA COUNTY PRISON SYSTEM, JUSTIN ROGERS, Sergeant, PAULA VELAZQUEZ GONZALEZ, SAN MATEO COUNTY, & Employees, RONALDO LEMUS BERMUDES, PATRICK RUDE, Officer, JASON HUNTCHISON, PINOLE POLICE DEPARTMENT, MITCHEL FEITZER, City Manager, CONTRA COSTA COUNTY DISTRICT ATTORNEY'S OFFICE, SAN MATEO COUNTY DISTRICT ATTORNEY, DARRYL HOLCOMBE, Inspector, J.E. WILLIAMS, Officer, IRA PEREZ, RONALD MUSSMAN, CITY OF PINOLE, & Employees, BRANDON SCHOLES, Officer, NEIL H. GANG, Chief, JOHN CORCORAN, Det., UNKNOWN PARTY, Officer Badge #216/359, ZACHERY BLUME, Officer, CHRISTIAN KEISTER, Officer, LINDA SEGUNDO, Officer, DALY CITY POLICE DEPARTMENT and PHYLLIS REDMOND |
| AK and DAVID KHAN |
| 20-16326 |
| July 9, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed clerk order (Deputy Clerk: CO): A review of the district courts docket reflects that the district court has certified that this appeal is not taken in good faith and is frivolous and has revoked appellants in forma pauperis status. 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 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. If appellant files a statement that the appeal should go forward, appellees 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, (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. [11782322] (CKP) [Entered: 08/10/2020 07:52 AM] |
| Filing 3 Received copy of District Court order filed on 08/04/2020. Khans IFP status is REVOKED. The Clerk of the Court shall forthwith notify Khan and the Ninth Circuit of this Order. See FRAP 24(a)(4). Khan may file a motion for leave to proceed IFP on appeal in the Ninth Circuit within thirty (30) days after service of notice of this Order. See FRAP 24(a)(5). Any such motion must include a copy of the affidavit filed in the district court and the district courts statement of reasons for its action. Id. [11777289] (RR) [Entered: 08/04/2020 03:32 PM] |
| 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. [11752918] (CKP) [Entered: 07/14/2020 03:33 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellants AK and David Khan opening brief due 08/31/2020. Appellees Ronaldo Lemus Bermudes, Zachery Blume, Eric Casher, City of Daly City, City of Pinole, Contra Costa County, Contra Costa County District Attorney's Office, Contra Costa County Prison System, John Corcoran, Daly City Police Department, Mitchel Feitzer, Neil H. Gang, Darryl Holcombe, Jason Huntchison, Christian Keister, Ronald Mussman, Ira Perez, Pinole Police Department, Phyllis Redmond, Justin Rogers, Patrick Rude, San Mateo County, San Mateo County District Attorney, Brandon Scholes, Linda Segundo, Unknown Party, Paula Velazquez Gonzalez and J.E. Williams answering brief due 09/30/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11746957] (JBS) [Entered: 07/09/2020 09:26 AM] |
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