Shaykh Muhammad Al Saud v. Rodney Carr, et al
| ADAM HENRY, UNKNOWN PARTIES, CANO, Unknown; CO II, Guard SMU 1, DAVID SHINN, Director, RODNEY CARR, FLORES, Unknown; Chaplain, SMU 1, ORALE, Unknown; Sergeant, SMU 1, GONZALES, Unknown; Guard, SMU 1, OCHOA, Unknown; Guard, SMU 1, KENNETH HERMAN, Director of Pastoral Service, TARA DIAZ, Operation Director, Phoenix Central Office, R. BRIER, CO IV, SMU 1, DURAZO, Unknown; Sergeant, SMU 1, STEPHEN MORRIS, Warden, TRINITY FOOD SERVICE, LOUISE, Unknown; CO II, Guard SMU 1, BAKER, Unknown; CO II, Guard SMU 1 and YOUNG, Unknown; CO II |
| SHAYKH MUHAMMAD ABDUL BIN TALAL AL SAUD, AKA Shaykh Muhammad Abdul Aziz Khalid Bin Talal Alsaud |
| 20-16666 |
| August 27, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
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This docket was last retrieved on November 19, 2020. A more recent docket listing may be available from PACER.
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| Filing 7 Filed clerk order (Deputy Clerk: DA): This preliminary injunction appeal was dismissed on October 27, 2020 for failure to prosecute because appellant had not filed the opening brief, which was due on October 5, 2020. Appellants November 9, 2020 filing appears to state that appellant submitted an opening brief that was not received by this court. To the extent appellants filing seeks to reinstate this closed appeal, the court does not entertain the motion to reinstate because appellant has not submitted a copy of the opening brief sent to the court (Docket Entry No. [ # 6 ]). A review of the record reflects that, on October 27, 2020, the district court entered a final judgment in this action. See SEC v. Mount Vernon Meml Park, 664 F.2d 1358, 1361 (9th Cir. 1982) (district courts entry of final judgment renders pending appeal from preliminary injunction moot). Appellants notice of appeal from the final judgment remains pending as appeal No. 20-17179. [11899568] (OC) [Entered: 11/19/2020 01:50 PM] |
| Filing 6 Received Appellant Shaykh Muhammad Abdul Bin Talal Al Saud response to Court order. [11886767] (NAC) [Entered: 11/09/2020 02:27 PM] |
| Filing 5 Filed order (Deputy Clerk: DA) The opening brief was due on October 5, 2020. The courts September 8, 2020 order warned appellant that failure to file timely the opening brief in this preliminary injunction appeal would result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. To date, appellant has not complied with the courts order to file the opening brief. Accordingly, this appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1. A review of the record reflects that, to date, appellant has not filed a notice of appeal from the district courts final judgment entered on October 27, 2020. This order served on the district court shall, 21 days after the date of the order, act as and for the mandate of this court for appeal No. 20-16666. [11873289] (JBS) [Entered: 10/27/2020 02:37 PM] |
| Filing 4 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner completed authorization fee order. [11830902] (CKP) [Entered: 09/21/2020 12:54 PM] |
| Filing 3 Received PLRA authorization response from appellant. Dated 09/13/2020. [Case Number 20-16666: Partially Paid] [11827734] (RL) [Entered: 09/17/2020 12:53 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The appeal filed August 25, 2020 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The briefing schedule is established as follows: appellants opening brief is due October 5, 2020; appellees answering brief is due November 2, 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 shall 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, appellant's 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 brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11815828] (CKP) [Entered: 09/08/2020 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: to be set. Preliminary Injunction Appeal. C.R. 3-3. [11804838] (RT) [Entered: 08/27/2020 11:42 AM] |
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