Timothy Lepesh v. Amy Pinkley-Wernz, et al
| BRANDON KELLY, Superintendent at O.S.P., MELISSA A. GILBERT, AKA M. Davidson, JEFF PRIMO and OREGON DEPARTMENT OF CORRECTIONS, employees in the State of Oregon |
| JANELL ROCHESTER, at SRCI, NATE LOWE, OSP, R. GOLDSTON, Inspector, JEREMY M. NOFZIGER, Hearings Officer at OSP with ODOC, AMY PINKLEY-WERNZ, Assistant of Superintendent at O.S.P., JOE CAPPS, MAUREEN ROSSI, Legal Library Coordinator, B. CAIN, SRCI and MELLISSA A. DAVIDSON, AKA M. Gilbert |
| TIMOTHY V. LEPESH |
| 20-35052 |
| January 23, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 8, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 41 Filed order (Deputy Clerk: dr) Dismissing case for failure to prosecute (Cir. Rule 42-1) Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to file opening brief. This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [12166430] (DR) [Entered: 07/08/2021 11:13 AM] |
| Filing 40 Filed clerk order (Deputy Clerk: TAH): The appellants motion (Docket Entry No. [ # 39 ]) for a further extension of time to file the opening brief is granted. The opening brief is due June 1, 2021. Any further request for an extension of time to file this brief is disfavored. The answering brief is due July 1, 2021. The optional reply brief is due within 21 days after service of the answering brief. [12088949] (OC) [Entered: 04/27/2021 03:28 PM] |
| Filing 39 Filed Appellant Timothy V. Lepesh motion to extend time to file appellant opening brief until 06/01/2021. Deficiencies: None. Served on 04/08/2021. [12071310] (QDL) [Entered: 04/12/2021 03:48 PM] |
| Filing 38 Streamlined request by Appellant Timothy V. Lepesh to extend time to file the brief is not approved because filer requested a previous extension of time. The filer must file a motion per 9th Cir. R. 31-2.2(b). [12057632] (BG) [Entered: 03/30/2021 08:18 AM] |
| Filing 37 Filed clerk order (Deputy Clerk: TAH): The appellants motion (Docket Entry No. [ # 36 ]) for an additional extension of time to file the opening brief is granted. The opening brief is due April 1, 2021. The answering brief is due May 3, 2021. The optional reply brief is due within 21 days after service of the answering brief. Any further request for an extension of time to file the opening brief is strongly disfavored. The appellant is informed that a motion for an extension of time to file a brief should specify the reason why the additional time is needed. See 9th Cir. R. 31-2.2(b). [12031407] (OC) [Entered: 03/10/2021 04:18 PM] |
| Filing 36 Filed Appellant Timothy V. Lepesh motion to extend time to file appellant opening brief until 04/06/2021. Deficiencies: None. Served on 02/20/2021. [12018232] (DJV) [Entered: 02/26/2021 01:59 PM] |
| Filing 35 Filed clerk order (Deputy Clerk: TAH): The appellants motion (Docket Entry No. [ # 34 ]) for an additional extension of time to file the opening brief is granted. The opening brief is due March 1, 2021. Any further request for an extension of time to file this brief is disfavored. The answering brief is due March 31, 2021. The optional reply brief is due within 21 days after service of the answering brief. [11994068] (AF) [Entered: 02/05/2021 10:17 AM] |
| Filing 34 Filed Appellant Timothy V. Lepesh Motion for extension of time to file opening brief (docuemnt formatted on FORM 13). Deficiencies: None. Served on 01/20/2021. [11980580] (RL) [Entered: 01/25/2021 04:13 PM] |
| Filing 33 Filed clerk order (Deputy Clerk: TAH): The appellants motion (Docket Entry No. [ # 32 ]) for an additional extension of time to file the opening brief is granted. The opening brief is due January 28, 2021. Any further request for an extension of time to file this brief is strongly disfavored. The answering brief is due February 22, 2021. The optional reply brief is due within 21 days after service of the answering brief. [11952466] (OC) [Entered: 01/05/2021 10:14 AM] |
| Filing 32 Filed Appellant Timothy V. Lepesh motion to extend time to file appellant opening brief (FORM 13). Deficiencies: None. Served on 12/22/2020. [11944924] (RL) [Entered: 12/24/2020 11:18 AM] |
| Filing 31 Mail returned on 12/22/2020 addressed to Timothy V. Lepesh at SRCI - SNAKE RIVER CORRECTIONAL INSTITUTION (ONTARIO) 777 Stanton Boulevard Ontario, OR 97914-0595, re: 12/04/2020 Order [ # 29 ]. Returned envelope notes: Return to sender, not an Oregon inmate. Resending to: 4337 Southeast Boise Street Portland, OR 97206-4127. [11937119] (JBS) [Entered: 12/22/2020 02:38 PM] |
| Filing 30 Received notice of change of address dated 12/07/2020 from Timothy V. Lepesh. New address: 4337 SE Boise St., Portland, OR 97206. [11926807]--[Edited: address updated. 12/14/2020 by SLM] (QDL) [Entered: 12/14/2020 03:21 PM] |
| Filing 29 Filed order (Appellate Commissioner): The appellants motion (Docket Entry No. [ # 28 ] for an additional extension of time to file the opening brief is granted. The appellants opening brief is due December 29, 2020. Any further request for an extension of time to file the opening brief is strongly disfavored. The appellees answering brief is due January 28, 2021. The appellants optional reply brief is due within 21 days after service of the answering brief. (Pro Mo) [11915469] (OC) [Entered: 12/04/2020 02:14 PM] |
| Filing 28 Filed Appellant Timothy V. Lepesh motion to extend time to file appellant opening brief formatted on FORM 13 Streamlined Request. Deficiencies: None. Served on 11/09/2020. [11904827] (RL) [Entered: 11/24/2020 10:24 AM] |
| Filing 27 Filed order (Appellate Commissioner): The appellants motion (Docket Entry No. [ # 26 ]) for an additional extension of time to file the opening brief is granted. The appellants opening brief is due December 9, 2020. Any further request for an extension of time to file the opening brief is disfavored. The appellees answering brief is due January 8, 2021. The appellants optional reply brief is due within 21 days after service of the answering brief. (Pro Mo) [11892614] (JBS) [Entered: 11/13/2020 02:31 PM] |
| Filing 26 Filed Appellant Timothy V. Lepesh motion to extend time to file appellant opening brief until 12/09/2020. Deficiencies: None. Served on 10/28/2020. [11879672] (CW) [Entered: 11/02/2020 05:15 PM] |
| Filing 25 Filed clerk order (Deputy Clerk: TAH): The appellants motion (Docket Entry No. [ # 24 ]) for an additional extension of time to file the opening brief is granted. The opening brief is due November 9, 2020. The answering brief is due December 9, 2020. The optional reply brief is due within 21 days after service of the answering brief. This order was issued prior to the expiration of time within which a response may be filed. Fed. R. App. P. 27(b). The Clerk will provide the appellant with a copy of the received-stamped motion (Docket Entry No. [ # 24 ]) along with this order. [11833915] (OC) [Entered: 09/23/2020 09:58 AM] |
| Filing 24 Filed Appellant Timothy V. Lepesh motion for extension of time and request for copy of order with new briefing schedule. Deficiencies: None. Served on 09/21/2020. [11832556] (RL) [Entered: 09/22/2020 11:06 AM] |
| Filing 23 Filed clerk order (Deputy Clerk: TAH): The appellants Form 13, Streamlined Request for Extension of Time to File Brief (Docket Entry No. [ # 22 ]), is construed as a motion for a fifth extension of time to file the opening brief and is granted. The opening brief is due October 9, 2020. The answering brief is due November 9, 2020. The optional reply brief is due within 21 days after service of the answering brief. The Clerk will provide the appellant with a copy of Form 14, Motion for Extension of Time, along with this order. This order was issued prior to the expiration of time within which a response may be filed. Fed. R. App. P. 27(b). [11830539] (OC) [Entered: 09/21/2020 10:55 AM] |
| Filing 22 Filed Appellant Timothy V. Lepesh motion to extend time to file appellant opening brief until 10/09/2020 (Formatted on FORM 13). Deficiencies: None. Served on 09/05/2020. [11827821] (RL) [Entered: 09/17/2020 01:46 PM] |
| Filing 21 Filed clerk order (Deputy Clerk: SSR): Appellants motion (Docket Entry No. [ # 20 ]) for an extension of time to file the opening brief is granted. The opening brief is due September 9, 2020. The answering brief is due October 9, 2020. The optional reply brief is due within 21 days after service of the answering brief. [11801711] (OC) [Entered: 08/25/2020 11:01 AM] |
| Filing 20 Filed Appellant Timothy V. Lepesh request for extension of time (documented on FORM 13). Deficiencies: None. Served on 07/27/2020. [11768101] (RL) [Entered: 07/27/2020 04:51 PM] |
| Filing 19 Filed Appellant Timothy V. Lepesh motion for return of documents. Deficiencies: None. Served on 06/14/2020. [11733592] (CW) [Entered: 06/25/2020 01:04 PM] |
| Filing 18 Streamlined request by Appellant Timothy V. Lepesh to extend time to file the brief is not approved because the requested due date is earlier than the current due date for the opening brief. The current briefing schedule is as follows: The opening brief is due August 10, 2020. The answering brief is due September 9, 2020. The appellants optional reply brief is due within 21 days after service of the answering brief. [11718763] (JN) [Entered: 06/11/2020 12:17 PM] |
| Filing 17 Filed clerk order (Deputy Clerk: TAH): The appellants filings at Docket Entry Nos. [ # 11 ] and [ # 15 ] are treated as motions to strike the previously submitted briefs and are granted. The Clerk will strike the opening briefs at Docket Entry Nos. [13] and [14]. The appellants motion (Docket Entry No. [ # 12 ]) for an extension of time to file the opening brief is granted. The opening brief is due August 10, 2020. The answering brief is due September 9, 2020. The appellants optional reply brief is due within 21 days after service of the answering brief. The Clerk will provide the appellant with a copy of the courts pro se informal packet. [11717186] (OC) [Entered: 06/10/2020 10:14 AM] |
| Filing 16 Sent Appellant a copy of docket entry numbers 11-14 in response to his letter of request filed on 06-04-2020. [11712447] (JR) [Entered: 06/05/2020 11:25 AM] |
| Filing 15 Filed Appellant Timothy V. Lepesh letter dated 05/29/2020 re: Plaintiff's opening brief on appeal which was marked as in case 20-35053 which was mailed last week fir filing with the US Court of Appeals for the Ninth Circuit in fact was an error; Request for those documents (entries 12, 13, 14) be returned . Paper filing deficiency: None. [11712157] (RL) [Entered: 06/05/2020 09:29 AM] |
| Filing 14 STRICKEN PER ORDER [ # 17 ] Received original and 1 copy of Appellant Timothy V. Lepesh amended opening brief of 72 pages (Informal: No). Served on 05/28/2020 by Court via CM/ECF. Major deficiencies: oversized by 22 pages, no certificate of service, motion to file amended brief pending. [11703913] (LA) [Entered: 05/28/2020 01:18 PM] |
| Filing 12 Filed Appellant Timothy V. Lepesh motion to extend time to file opening brief (FORM 13). Deficiencies: None. Served on 05/14/2020. [11701524] (RL) [Entered: 05/26/2020 04:51 PM] |
| Filing 11 Filed Appellant Timothy V. Lepesh letter dated 05/14/2020 re: Declaration in support of motion for leave to amend an opening brief on appeal. Paper filing deficiency: None. [11700793] (RL) [Entered: 05/26/2020 01:11 PM] |
| Filing 13 STRICKEN PER ORDER [ # 17 ] Filed original and 0 copies of Appellant Timothy V. Lepesh opening brief of 65 pages (Informal: No). Served on 05/28/2020 by Court via CM/ECF. Filed with minor deficiencies: oversized by 15 pages, no certificate of service, brief was not served by due date. [11703867] (LA) [Entered: 05/28/2020 12:48 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: TAH): The appellants motion (Docket Entry No. [ # 9 ]) for an extension of time to file the opening brief is granted. The appellants opening brief is due May 22, 2020. The appellees answering brief is due June 22, 2020. The appellants optional reply brief is due within 21 days after service of the answering brief. This order was issued prior to the expiration of time within which a response may be filed. Fed. R. App. P. 27(b). [11666849] (OC) [Entered: 04/21/2020 09:34 AM] |
| Filing 9 Filed Appellant Timothy V. Lepesh motion for extension of time (FORM 13 streamlined). Deficiencies: None. Served on 04/14/2020. [11664918] (RL) [Entered: 04/17/2020 04:02 PM] |
| Filing 8 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner completed authorization fee order. [11627836] (CKP) [Entered: 03/12/2020 01:06 PM] |
| Filing 7 Received PLRA authorization response from appellant. Dated 02/26/2020. [Case Number 20-35052: Partially Paid] [11624428] (RL) [Entered: 03/10/2020 11:06 AM] |
| Filing 6 Streamlined request by Appellant Timothy V. Lepesh to extend time to file the brief is approved in part. Streamlined requests only allow for a 30 day extension of time to file the brief. Amended briefing schedule: Appellant Timothy V. Lepesh opening brief due 04/22/2020. Appellees B. Cain, Joe Capps, Mellissa A. Davidson, R. Goldston, Nate Lowe, Jeremy M. Nofziger, Amy Pinkley-Wernz, Janell Rochester and Maureen Rossi answering brief due 05/22/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11623739] (JN) [Entered: 03/09/2020 05:49 PM] |
| Filing 5 Received PLRA authorization response from appellant. Dated 02/06/2020. [Case Number 20-35052: Partially Paid] [11593653] (RL) [Entered: 02/11/2020 03:03 PM] |
| Filing 4 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner fee authorization form sent to prisoner. [11574731] (CKP) [Entered: 01/27/2020 10:06 AM] |
| Filing 3 Attorneys Andrew Hallman, substituted by Attorneys Denise Gale Fjordbeck, [11574240] (JFF) [Entered: 01/24/2020 04:26 PM] |
| Filing 2 Filed (ECF) notice of appearance of Denise G. Fjordbeck (Oregon Department of Justice - Appellate Division, 1162 Court Street NE, Salem, Oregon 97301) for Appellees Amy Pinkley-Wernz, Jeremy M. Nofziger, Janell Rochester, Mellissa A. Davidson, Nate Lowe, Joe Capps, R. Goldston, Maureen Rossi and B. Cain. Substitution for Attorney Andrew Hallman for Appellees B. Cain, Joe Capps, Mellissa A. Davidson, R. Goldston, Nate Lowe, Jeremy M. Nofziger, Amy Pinkley-Wernz, Janell Rochester and Maureen Rossi. Date of service: 01/24/2020. (Party was previously proceeding with counsel.) [11574039] [20-35052] (Fjordbeck, Denise) [Entered: 01/24/2020 03:07 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Timothy V. Lepesh opening brief due 03/23/2020. Appellees B. Cain, Joe Capps, Mellissa A. Davidson, R. Goldston, Nate Lowe, Jeremy M. Nofziger, Amy Pinkley-Wernz, Janell Rochester and Maureen Rossi answering brief due 04/21/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11571708] (HC) [Entered: 01/23/2020 11:27 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
