Donte McClellon v. Capital One Bank, N.A., et al
| KELLEN ANDREW HADE, an individual, CAPITAL ONE BANK, N.A., a corporation and MILLER NASH GRAHAM & DUNN LLP, a company |
| DONTE MCCLELLON, an individual |
| 20-35477 |
| June 1, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on August 12, 2020. A more recent docket listing may be available from PACER.
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| Filing 5 Filed order (Deputy Clerk: CKP) Motion to dismiss case for failure to prosecute (Cir. Rule 42-1). Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to respond to order. (Order dated 06/11/2020). This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [11786797] (CKP) [Entered: 08/12/2020 02:31 PM] |
| 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 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, 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. [11718620] (CKP) [Entered: 06/11/2020 11:40 AM] |
| Filing 3 Received copy of District Court order filed on 06/10/2020 revoking in forma pauperis status for purposes of appeal. [11718354] (QDL) [Entered: 06/11/2020 09:47 AM] |
| 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. [11712518] (CKP) [Entered: 06/05/2020 12:11 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Donte McClellon opening brief due 08/03/2020. Appellees Capital One Bank, N.A., Kellen Andrew Hade and Miller Nash Graham & Dunn LLP answering brief due 09/03/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11706548] (RT) [Entered: 06/01/2020 11:03 AM] |
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