Michael Witkin v. M. Lee, et al
| MICHAEL AARON WITKIN |
| L. MAURINO, C. ALVAREZ, C. ALIPAZ, B. EIDHAMMER, G. ALVAREZ, G. MATTESON, T. DINH, R. NEUSCHMID, E. ARNOLD and M. LEE |
| 20-17091 |
| October 21, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 6 Filed order (Deputy Clerk: CKP) Granting Motion to dismiss the case pursuant to rule 42b filed by Appellant Michael Aaron Witkin. This order shall constitute the mandate. [11920221] (CKP) [Entered: 12/09/2020 11:38 AM] |
| Filing 5 Filed Appellant Michael Aaron Witkin motion to dismiss case pursuant to FRAP 42(b). Deficiencies: None [11918022] (NAC) [Entered: 12/08/2020 07:15 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: JW): A review of the district courts docket reflects that the district court has certified that this appeal is frivolous and not taken in good faith and has revoked appellants in forma pauperis status. See 28 U.S.C. 1915(a). This court may dismiss a case at any time, if the court determines the case is frivolous. See 28 U.S.C. 1915(e)(2). Within 35 days after the date of this order, appellant must: (1) file a motion to dismiss this appeal, see Fed. R. App. P. 42(b), or (2) file a statement explaining why the appeal is not frivolous and should go forward. If appellant files a statement that the appeal should go forward, appellant also must: (1) file in this court a motion to proceed in forma pauperis, OR (2) pay to the district court $505.00 for the filing and docketing fees for this appeal AND file in this court proof that the $505.00 was paid. If appellant does not respond to this order, the Clerk will dismiss this appeal for failure to prosecute, without further notice. See 9th Cir. R. 42-1. If appellant files a motion to dismiss the appeal, the Clerk will dismiss this appeal, pursuant to Federal Rule of Appellate Procedure 42(b). If appellant submits any response to this order other than a motion to dismiss the appeal, the court may dismiss this appeal as frivolous, without further notice. If the court dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). If appellant files a statement that the appeal should go forward, appellee may file a response within 10 days after service of appellants statement. The briefing schedule for this appeal is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, (2) a form statement that the appeal should go forward, and (3) a Form 4 financial affidavit. Appellant may use the enclosed forms for any motion to dismiss the appeal, statement that the appeal should go forward, and/or motion to proceed in forma pauperis. [11871710] (CKP) [Entered: 10/26/2020 01:56 PM] |
| Filing 3 Received copy of District Court order filed on 10/23/2020 - MINUTE ORDER: On October 22, 2020, the Court received a referral notice from the USCA for the limited purpose of determining whether Plaintiff's IFP status should continue for his appeal. See ECF No. 63 . The Court finds Plaintiff's appeal is frivolous. Accordingly, his IFP status is REVOKED. See 28 U.S.C. 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate where district court finds the appeal to be frivolous). IT IS SO ORDERED. (cc: Ninth Circuit) [TEXT ONLY ENTRY] [11870724] (HH) [Entered: 10/23/2020 05:07 PM] |
| Filing 2 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [11868516] (CKP) [Entered: 10/22/2020 12:15 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Michael Aaron Witkin opening brief due 12/08/2020. Appellees M. Lee, et al. answering brief due 01/07/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11867395] (JPD) [Entered: 10/21/2020 02:39 PM] |
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