James Hundley v. Donald Poag, et al
| KATHERINE HEGGE, STATE OF NEVADA, GEORGE HANDLEY, ROBERT BANNISTER, DONALD POAG, NEVADA DEPARTMENT OF CORRECTIONS and CANDIS LUCAS |
| JAMES DERRICK HUNDLEY |
| 20-16797 |
| September 17, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on November 10, 2020. A more recent docket listing may be available from PACER.
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| Filing 9 Filed clerk order (Deputy Clerk: SZ): A review of the record suggests that the parties did not consent to proceed before a magistrate judge in district court. Within 21 days after the date of this order, the parties shall file statements informing the court if the parties consented to proceed before a magistrate judge and whether the magistrate judge had authority pursuant to 28 U.S.C. 636 to enter the September 3, 2020 order on appeal. A party may file an optional response within 10 days after service of the opposing partys statement. The motion for an injunction will be addressed by separate order. Briefing is suspended pending further order of the court. [11888989] (RT) [Entered: 11/10/2020 04:25 PM] |
| Filing 8 Filed order (Appellate Commissioner: Peter L. Shaw ): Appellants supplemented motion to proceed in forma pauperis (Docket Entry Nos. [ # 5 ] , [ # 6 ] ) is granted. Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant eventually must pay the full amount of the filing and docketing fees for this appeal. Accordingly, within 21 days after the date of this order, appellant shall complete and file with this court the enclosed prisoner authorization form, which directs the prison officials at appellants 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 appellants 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), (e)(2). If appellant fails to comply with this order, the Clerk shall dismiss this appeal for failure to prosecute. See 9th Cir. R. 42-1. The opening brief is due December 14, 2020; the answering brief is due January 13, 2021; and the optional reply brief is due within 21 days after service of the answering brief. Because appellant is proceeding without counsel, the court waives the excerpts of record requirement. See 9th Cir. R. 30-1.2. The supplemental excerpts of record are limited to the district court docket report, the notice of appeal, the judgment or order appealed from, and any specific portions of the record cited in the answering brief. See 9th Cir. R. 30-1.7. The Clerk shall serve this order and a prisoner authorization form on appellant. [11883673] (RT) [Entered: 11/05/2020 04:27 PM] |
| Filing 7 Filed Appellant James Derrick Hundley motion for injunction pending appeal. Deficiencies: None. [11883516] (NAC) [Entered: 11/05/2020 03:24 PM] |
| Filing 6 Received Appellant James Derrick Hundley exhibits for motion to proceed In Forma Pauperis. [11875619] (NAC) [Entered: 10/29/2020 11:28 AM] |
| Filing 5 Filed Appellant James Derrick Hundley motion to proceed In Forma Pauperis. Deficiencies: None. [11854221] (NAC) [Entered: 10/09/2020 01:21 PM] |
| Filing 4 Attorney Clark G. Leslie in 20-16797 substituted by Attorney Frank Anthony Toddre II in 20-16797 [11846867] (NAC) [Entered: 10/05/2020 09:30 AM] |
| Filing 3 Filed (ECF) notice of appearance of Frank A. Toddre (The State of Nevada Attorney General's Office, 555 E. Washington Ave., Suite 3900, Las Vegas, NV 89101) for Appellees Robert Bannister, George Handley, Katherine Hegge, Candis Lucas, NDOC, Donald Poag and State of Nevada. Substitution for Attorney Mr. Clark G. Leslie, Esquire for Appellees Robert Bannister, George Handley, Katherine Hegge, Candis Lucas, NDOC, Donald Poag and State of Nevada. Date of service: 10/05/2020. (Party was previously proceeding with counsel.) [11846859] [20-16797] (Toddre, Frank) [Entered: 10/05/2020 09:27 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [11830849] (CKP) [Entered: 09/21/2020 12:35 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant James Derrick Hundley opening brief due 11/16/2020. Appellees Donald Poag, et al. answering brief due 12/15/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11827474] (JPD) [Entered: 09/17/2020 10:58 AM] |
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