Patrick Gibson v. Edith Kroha, et al
| WASHINGTON STATE DEPARTMENT OF CORRECTIONS, G. STEVEN HAMMOND and DALE FETROE |
| EDITH KROHA, ARNP,Washington State Dept of Corrections, Clallam Bay Correctional Center (DOC) |
| PATRICK K. GIBSON |
| 20-35697 |
| August 10, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 7 Filed original and 0 copies of Appellant Patrick K. Gibson opening brief of 34 pages (Informal: Yes). Served on 09/01/2020. [11846047] (LA) [Entered: 10/02/2020 03:33 PM] |
| Filing 6 Filed order (Appellate Commissioner): Appellants request for clarification regarding the filing fee (Docket Entry No. [ # 2 ]) is construed as a motion to apply the fees paid in the closed appeal No. 18-35440 to this appeal No. 20-35697. So construed, the motion (Docket Entry No. [ # 2 ]) is denied. No. 18-35440 is a closed case; the mandate issued on August 12, 2019. Separate docketing and filing fees are due for appeal No. 20-35697. See Fed. R. App. P. 3(e). Appellants motion to proceed in forma pauperis (Docket Entry No. [ # 3 ]) is granted. Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant eventually must pay the full amount of the filing and docketing fees for this appeal. Accordingly, within 21 days after the date of this order, appellant shall complete and file with this court the enclosed prisoner 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), (e)(2). If appellant fails to comply with this order, the Clerk shall dismiss this appeal for failure to prosecute. See 9th Cir. R. 42-1. The Clerk shall file the opening brief received on September 14, 2020 (Docket Entry No. [ # 4 ]). The answering brief is due October 30, 2020. Appellants optional reply brief is due within 21 days after service of the answering brief. Because appellant is proceeding without counsel, the court waives the excerpts of record requirement. See 9th Cir. R. 30-1.2. The supplemental excerpts of record are limited to the district court docket report, the notice of appeal, the judgment or order appealed from, and any specific portions of the record cited in the answering brief. See 9th Cir. R. 30-1.7. Appellants request to amend the docket (Docket Entry No. [ # 2 ]) is denied. The docket correctly states that G. Steven Hammond and Dale Fetroe were defendants in the district court proceedings. Additionally, the docket correctly states that Edith Kroha is the only appellee in this appeal. Appellants request to waive the requirement to submit paper copies of the opening brief (Docket Entry No. [ # 5 ]) is granted. The Clerk shall serve this order, a prisoner authorization form, and a copy of pages 34-35 of the opening brief on appellant. (MOATT) [11843427] (AF) [Entered: 10/01/2020 09:42 AM] |
| Filing 5 Filed Appellant Patrick K. Gibson letter dated 09/20/2020 re: informal brief. Paper filing deficiency: None. [11835744] (NAC) [Entered: 09/24/2020 01:23 PM] |
| Filing 4 Received original and 0 copies of Appellant Patrick K. Gibson opening brief of 34 pages (Informal: Yes). Served on 09/01/2020. Major deficiency: briefing is stayed (IFP motion pending). [11823165] (KWG) [Entered: 09/14/2020 03:29 PM] |
| Filing 3 Filed Appellant Patrick K. Gibson motion to proceed In Forma Pauperis. Deficiencies: None. [11808247] (NAC) [Entered: 08/31/2020 03:11 PM] |
| Filing 2 Filed Appellant Patrick K. Gibson letter dated 08/22/2020 re: schedule order incorectly lists defendants; will be submitting IFP motion. Paper filing deficiency: None. [11805000] (NAC) [Entered: 08/27/2020 01:22 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Patrick K. Gibson opening brief due 10/06/2020. Appellee Edith Kroha answering brief due 11/05/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11782844] (JPD) [Entered: 08/10/2020 11:17 AM] |
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