Richard Jenkins v. Kenneth Little
| KENNETH LITTLE, M.D. |
| RICHARD ANTHONY JENKINS |
| 20-35195 |
| March 4, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| RICHARD JENKINS V. KENNETH LITTLE |
Docket Report
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This docket was last retrieved on May 1, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 Received PLRA authorization response from appellant. Dated 04/27/2020. [11678321] (NAC) [Entered: 05/01/2020 03:00 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: JW): On March 18, 2020, this court issued an order staying appellate proceedings pending disposition of the March 2, 2020 motion in the district court. On March 31, 2020, the district court denied the motion. The stay order filed March 18, 2020, is lifted and this appeal shall proceed. The motion for a certificate of appealability [ # 2 ] is denied as unnecessary because a certificate of appealability is not required for this appeal arising under 28 U.S.C. 1983. 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that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date.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, appellants 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 appellants 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 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) and (e)(2). Appellant is not responsible for payment when the funds in appellants prison trust account total less than $10, but payments must resume when additional deposits are made or funds are otherwise available. Appellants motion for appointment of pro bono counsel will be addressed by separate order of the court. Briefing is stayed pending further order. If appellant fails to comply with this order, the appeal may be dismissed by the Clerk. See 9th Cir. R. 42-1. The Clerk shall serve this order and a prison authorization form on appellant. [11667388] (CKP) [Entered: 04/21/2020 01:42 PM] |
| Filing 9 Received copy of amended notice of appeal from district court. [11666599] (NAC) [Entered: 04/21/2020 07:34 AM] |
| Filing 8 Filed Appellant Richard Anthony Jenkins motion to appoint pro bono counsel. Deficiencies: None. [11666597] (NAC) [Entered: 04/21/2020 07:33 AM] |
| Filing 7 Streamlined request by Appellant Richard Anthony Jenkins to extend time to file the brief is not approved because it is unnecessary. Proceedings in this court are held in abeyance. [11666153] (JN) [Entered: 04/20/2020 03:00 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: JW): The courts records reflect that the notice of appeal was filed during the pendency of a timely-filed motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The March 2, 2020 notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court are held in abeyance pending the district courts resolution of the pending March 2, 2020 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 14 days after the district courts ruling on the pending motion, appellant shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. (9th Cir. 1994). Within 14 days after the district courts ruling on the pending motion, appellant shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. [11634511] (RT) [Entered: 03/18/2020 03:52 PM] |
| Filing 5 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [11627998] (CKP) [Entered: 03/12/2020 01:58 PM] |
| Filing 4 Filed Appellant Richard Anthony Jenkins motion to appoint pro bono counsel. Deficiencies: None. [11623913] (NAC) [Entered: 03/10/2020 07:51 AM] |
| Filing 3 Filed Appellant Richard Anthony Jenkins motion for reconsideration. Deficiencies: None. [11623911] (NAC) [Entered: 03/10/2020 07:50 AM] |
| Filing 2 Filed Appellant Richard Anthony Jenkins motion for certificate of appealability. Deficiencies: None. [11623910] (NAC) [Entered: 03/10/2020 07:48 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEE. SEND MQ: No. The schedule is set as follows: Appellant Richard Anthony Jenkins opening brief due 05/01/2020. [11617563] (JMR) [Entered: 03/04/2020 10:19 AM] |
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| Defendant / appellee: KENNETH LITTLE, M.D. | |
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| Plaintiff / appellant: RICHARD ANTHONY JENKINS | |
| Represented By: | Richard Anthony Jenkins |
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