Gregory Brown v. Eldon Vail, et al
| MAGGIE MILLER-STOUT, in his individual and official capacities, STEPHEN SINCLAIR, Secretary of the Department of Corrections, in his official capacity, JANE DOE, 1; in her individual and official capacities, PAUL DUENICH, in his individual and official capacities, BERNARD WARNER, in his individual and official capacities and JOHN DOE, 1; in his individual and official capacities |
| DUSTY RUMSEY, in his individual and official capacities, ELDON VAIL, in his individual and official capacities and DEREK REEVES, in his individual and official capacities |
| GREGORY TYREE BROWN |
| 20-35225 |
| March 12, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| GREGORY BROWN V. ELDON VAIL, ET AL |
Docket Report
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This docket was last retrieved on May 5, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 4 Received copy of amended notice of appeal from district court. [11680581] (RR) [Entered: 05/05/2020 09:08 AM] |
| Filing 5 Filed Appellant Gregory Tyree Brown motion to proceed In Forma Pauperis. Deficiencies: None. [11681692] (RR) [Entered: 05/05/2020 05:59 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: JW): On March 13, 2020, this court issued an order staying appellate proceedings pending disposition of the motion for a new trial in the district court. On April 7, 2020, the district court denied the motion. The stay order filed March 13, 2020, is lifted and this appeal shall proceed. A review of the district court docket reflects that appellant has not paid the docketing and filing fees for this appeal. Within 21 days after the date of this order, appellant shall: (1) file a motion with this court to proceed in forma pauperis accompanied by a completed Form 4 affidavit; or (2) pay $505.00 to the district court as the docketing and filing fees for this appeal and provide proof of payment to this court. The Clerk shall serve a Form 4 financial affidavit on appellant. The filing of a motion to proceed in forma pauperis will automatically stay the briefing schedule under Ninth Circuit Rule 27-11. If appellant fails to comply with this order, the appeal will be dismissed automatically by the Clerk under Ninth Circuit Rule 42-1. [11658854] (CKP) [Entered: 04/13/2020 11:10 AM] |
| Filing 2 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 11, 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 10, 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. [11629770] (AF) [Entered: 03/13/2020 03:05 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 04/10/2020. Transcript due 05/11/2020. Appellant Gregory Tyree Brown opening brief due 06/19/2020. Appellees Derek Reeves, Dusty Rumsey and Eldon Vail answering brief due 07/20/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11627338] (JMR) [Entered: 03/12/2020 10:17 AM] |
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