David Shank v. Corizon Health, Inc., et al
| FLORENCE ANTHEM HOSPITAL, MATTHEW B. GRETZER, CHARLES L. RYAN, MOUNTAIN VISTA HOSPITAL, JAMES CORD and SHANE DAILY |
| DAVID SHINN, Director, DOROTHY IGWE, NP, GLEN BABICK, ADON KABONGO, Nursing Supervisor, AKA Claudine Kabongo, SHARON KARY, NP, ADAM PERKINS, FHA, CENTURION OF ARIZONA LLC and CORIZON HEALTH, INC. |
| DAVID JEROLD SHANK |
| 20-16810 |
| September 18, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed order (Deputy Clerk: CKP) Granting Motion to dismiss the case pursuant to rule 42b filed by Appellant David Jerold Shank. This order shall constitute the mandate. [11867009] (CKP) [Entered: 10/21/2020 12:10 PM] |
| Filing 3 Filed Appellant David Jerold Shank motion to dismiss case pursuant to FRAP 42(b). Deficiencies: None. Served on 10/13/2020. [11862341] (CW) [Entered: 10/16/2020 03:54 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The appeal filed September 15, 2020 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The briefing schedule shall be established as follows: appellants opening brief is due October 19, 2020; appellees answering brief is due November 16, 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that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date.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. The Clerk shall send a prisoner authorization form to appellant along with this order. [11835655] (CKP) [Entered: 09/24/2020 12:49 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: To be set. Preliminary Injunction Appeal, C.R. 3-3. [11829036] (JBS) [Entered: 09/18/2020 11:08 AM] |
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