Joshua Harrell v. Antuan Simmons, et al
| RICHARD C. BENNETT, Deputy Officer, MICHAEL B. SMITH, Superior Court Judge, County of Solano, COUNTY OF SOLANO, ANTUAN SIMMONS, Custodial Officer, PEG, Supervising Deputy Officer and JEFFREY POOLETE, Sergeant Supervising Custodian Officer |
| JOSHUA NEIL HARRELL |
| 20-16615 |
| August 21, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 5 Filed order (WILLIAM A. FLETCHER and JAY S. BYBEE): Appellants motion for appointment of counsel (Docket Entry No. [ # 4 ]) is denied. No motions for reconsideration, clarification, or modification of this denial shall be filed or entertained. Appellants motion to proceed in forma pauperis (Docket Entry No. [ # 3 ]) is denied because 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, and appellant has not alleged imminent danger of serious physical injury. See 28 U.S.C. 1915(g); see also Harrell v. Cal. Forensic Med. Grp. Inc., No. 2:15-cv-0579-KJM-DB (E.D. Cal. May 14, 2018) (dismissed for failure to state a claim); Harrell v. Solano Cty. Jail, No. 2:14-cv-1592-AC (E.D. Cal. Apr. 27, 2017) (dismissed for failure to timely file amended complaint following dismissal of complaint for failure to state a claim); Harrell v. State of California, No. 2:15-cv-0470-KJM-EFB (E.D. Cal. Sept. 13, 2016) (dismissed for failure to state a claim); Harrell v. Target, No. 2:15-cv-0634-CKD (E.D. Cal. Apr. 12, 2016) (dismissed for failure to state a claim). Within 21 days after the date of this order, appellant shall pay $505.00 to the district court as the docketing and filing fees for this appeal and file proof of payment with this court. Failure to pay the fees will result in the automatic dismissal of the appeal by the Clerk for failure to prosecute, regardless of further filings. See 9th Cir. R. 42-1. No motions for reconsideration, clarification, or modification of the denial of appellants in forma pauperis status shall be entertained. If the appeal is dismissed for failure to comply with this order, the court will not entertain any motion to reinstate the appeal that is not accompanied by proof of payment of the docketing and filing fees. Briefing is suspended pending further order of this court. [11862597] (AF) [Entered: 10/16/2020 05:10 PM] |
| Filing 4 Filed Appellant Joshua Neil Harrell motion to appoint pro bono counsel. Deficiencies: None. [11843248] (NAC) [Entered: 10/01/2020 07:38 AM] |
| Filing 3 Filed Appellant Joshua Neil Harrell motion to proceed In Forma Pauperis. Deficiencies: None. Served on 09/13/2020. [11836562] (CW) [Entered: 09/25/2020 07:16 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [11799115] (CKP) [Entered: 08/23/2020 12:44 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 Joshua Neil Harrell opening brief due 10/19/2020. [11797797] (JMR) [Entered: 08/21/2020 10:41 AM] |
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