Kier Gardner v. Whatcom County, et al
| BILL ELFO, Sheriff, Whatcom County Jail, ERNIE STACH, Lieutenant, Whatcom County Jail, KEELEY, Sheriff, Whatcom County Jail, WHATCOM COUNTY, UNKNOWN MAILROOM OFFICER, Whatcom County Jail, UNKNOWN PARTY, Booking Officer, Whatcom County Jail and UNKNOWN PARTY, Whatcom County Jail Staff |
| KIER KEAND'E GARDNER, AKA Chris Gardner |
| 20-35794 |
| September 10, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 8, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 5 Received copy of amended notice of appeal from district court. [11885554] (NAC) [Entered: 11/08/2020 12:05 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: CO): On September 22, 2020, this court issued an order staying appellate proceedings pending disposition of the September 15, 2020 motion to amend judgment in the district court. On October 23, 2020, the district court denied the motion. The stay order filed September 22, 2020, is lifted and this appeal shall proceed. 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that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date.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. If appellant fails to comply with this order, the appeal may be dismissed by the Clerk. See 9th Cir. R. 42-1. The previously established briefing schedule remains in effect. The Clerk shall serve this order and a prison authorization form on appellant. [11873464] (CKP) [Entered: 10/27/2020 03:49 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: CO): The courts records reflect that appellant filed a timely motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The September 4, 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 September 15, 2020 motion to amend judgment. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994); Tripati v. Henman, 845 F.2d 205, 206 (9th Cir. 1988). 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. [11833417] (CKP) [Entered: 09/22/2020 04:32 PM] |
| Filing 2 Received copy of amended notice of appeal from district court. [11819172] (NAC) [Entered: 09/10/2020 01:35 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT . SEND MQ: No. The schedule is set as follows: Appellant Kier Keand'e Gardner opening brief due 11/03/2020. Appellees Whatcom County, et al., answering brief due 12/03/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11818609] (JPD) [Entered: 09/10/2020 09:28 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US 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.
