Mikeal Stine v. B. Von Blankensee, et al
| ASH, Medical Doctor, USP/Tucson, Arizona, BASS, Health Services Administrator, USP/Tucson, Arizona, SEGAL, Unknown; Warden, K. GARCIA, Trust Fund Supervisor, USP/Tucson, Arizona, B. VON BLANKENSEE, WAITE, Medical Doctor, USP/Tucson, Arizona, JEAN LOUIS, Pharmacist, USP/Arizona, HAIGH BIEHLER, Clinical Director, USP/Tucson, Arizona and ESTRADA, Unknown; Physical Assistant |
| MIKEAL GLENN STINE |
| 20-16393 |
| July 20, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| MIKEAL STINE V. B. VON BLANKENSEE |
Docket Report
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This docket was last retrieved on September 16, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 6 Received PLRA authorization response from appellant. Dated 09/08/2020. [11826360] (NAC) [Entered: 09/16/2020 01:24 PM] |
| Filing 5 Received original and 0 copies of Appellant Mikeal Glenn Stine opening brief of 6 pages (Informal: Yes). Served on 08/25/2020. Major deficiency: briefing is stayed. [11806654] (LA) [Entered: 08/28/2020 04:20 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: JW): A review of the docket reflects that appellant has not yet returned a completed and signed prisoner authorization form pursuant to the courts July 27, 2020 order. Within 21 days after the date of this order, appellant shall sign and file with this court the enclosed prisoner authorization form. The court has received appellants motion to extend time to file the opening brief and for injunctive relief. The briefing schedule is stayed pending appellants filing of a completed prisoner authorization form, and the courts disposition of appellants motion for injunctive relief, which will be addressed by separate order. If appellant fails to comply with this order, the appeal will be dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The Clerk shall send a copy of the July 27, 2020 order to appellant along with this order, [11796351] (CKP) [Entered: 08/20/2020 11:32 AM] |
| Filing 3 Filed Appellant Mikeal Glenn Stine motion to extend time to file appellant opening brief, for injunction pending appeal. Deficiencies: None. [11791541] (NAC) [Entered: 08/17/2020 01:01 PM] |
| Filing 2 Filed order (Appellate Commissioner): The July 7, 2020 district court order challenged in this appeal dismissed several claims and defendants, ordered the remaining defendant to file an answer, and denied appellants motion for a preliminary injunction. The only portion of the July 7, 2020 order that is appealable now is the portion of the order denying preliminary injunctive relief. See 28 U.S.C. 1292(a)(1); see also 28 U.S.C. 1291. Therefore, the scope of this appeal is limited to a review of that portion of the district courts July 7, 2020 order denying preliminary injunctive relief. Ninth Circuit Rule 3-3 applies to this preliminary injunction appeal. Appellants opening brief is due August 17, 2020; appellees answering brief is due September 14, 2020; and appellants optional reply brief is due within 21 days after service of the answering brief. The appeal and any motions pending at the time briefing is completed will 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, appellants in 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 brie will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The Clerk shall send appellant a prisoner authorization form. (Pro Se) [11767034] (CKP) [Entered: 07/27/2020 11:35 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: to be set. Preliminary Injunction. C.R. 3-3. [11758996] (RT) [Entered: 07/20/2020 02:30 PM] |
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