Vinton Frost v. USDOJ, et al
| OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, MELANIE ANN PUSTAY and SEAN O'NEILL |
| VINTON P. FROST |
| 20-17524 |
| December 31, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 5 Filed clerk order (Deputy Clerk: CO): A review of the district courts docket reflects that the district court has certified that this appeal is 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 appellant files a statement that the appeal should go forward, appellees may file a response within 10 days after service of appellants statement. The briefing schedule for this appeal is stayed. Appellants motion for a stay of appellate proceedings pending the outcome of the judicial misconduct complaints in Nos. 20-90147, 20-90148, and 20-90150 is denied [ # 2 ]. 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. [12015504] (CKP) [Entered: 02/24/2021 02:21 PM] |
| Filing 4 Received copy of District Court order filed on 02/01/2021. The Court finds that Plaintiff's appeal not taken in good faith. [11989863] (RR) [Entered: 02/02/2021 12:51 PM] |
| Filing 3 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [11968448] (CKP) [Entered: 01/19/2021 03:45 PM] |
| Filing 2 ENTRY UPDATED. ORIGINAL TEXT: Filed Appellant Vinton P. Frost motion to stay appellate proceedings. Deficiencies: None. Served on 01/15/2021. [11965900] Filed Appellant Vinton P. Frost motion to stay appellate proceedings. Deficiencies: None. Served on 01/15/2021. [11965900]--[Edited 01/19/2021 by DJV] (DJV) [Entered: 01/15/2021 01:24 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Vinton P. Frost opening brief due 03/01/2021. Appellees Sean O'Neill, Office of Information Policy, Melanie Ann Pustay and United States Department of Justice answering brief due 03/29/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11949681] (JMR) [Entered: 12/31/2020 11:25 AM] |
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