Robert Allum v. State of Montana, et al
| MONTANA, WILBUR PINO, STATE FUND, MELISSA N. QUALE, ANNA PUDELKA, DOES, 1-100, DEPARTMENT OF LABOR, THOMAS E. MARTELO and STATE OF MONTANA |
| ROBERT L. ALLUM |
| 20-35835 |
| September 25, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 7 Filed clerk order (Deputy Clerk: MF): On October 27, 2020, the district court entered a final judgment. Accordingly, the September 28, 2020 order to show cause is vacated. See Fidelity & Deposit Co. v. City of Adelanto, 87 F.3d 334, 336 (9th Cir. 1996) (premature appeal from district courts dismissal order cured by dismissal of remaining parties); see also Anderson v. Allstate Ins. Co., 630 F.2d 677, 680-81 (9th Cir. 1980). A review of the district courts docket reflects that the district court has certified that this appeal is not taken in good faith. 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 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, appellees 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, and (2) a form statement that the appeal should go forward. Appellant may use the enclosed forms for any motion to dismiss the appeal or statement that the appeal should go forward. [11883453] (CKP) [Entered: 11/05/2020 03:02 PM] |
| Filing 6 Filed Appellant Robert L. Allum motion to voluntary dismiss. Deficiencies: None. [11881526] (JFF) [Entered: 11/04/2020 10:17 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: MF): Appellants motion [ # 4 ] for voluntary dismissal is denied because the motion requests dismissal without prejudice. If appellant seeks voluntary dismissal of this appeal, the motion must request dismissal with prejudice. Within 14 days of this order, appellant may file a renewed motion for voluntary dismissal requesting dismissal with prejudice. If a renewed motion is not filed, appellant must file a response to this courts September 28, 2020 order. The Clerk shall send appellant a form motion to voluntarily dismiss the appeal. [11867039] (CKP) [Entered: 10/21/2020 12:36 PM] |
| Filing 4 Filed Appellant Robert L. Allum motion to dismiss the case. Deficiencies: None. [11865134] (JFF) [Entered: 10/20/2020 10:14 AM] |
| Filing 3 Filed clerk order (Deputy Clerk: MF): It appears that the district courts August 27, 2020 dismissal order may not be final and appealable because it did not dispose of the action as to all claims and all parties. The district courts August 27, 2020 order also denied reconsideration of appellants motion for a preliminary injunction. However, it is not clear from appellants notice of appeal if he is challenging the portion of the district courts order denying reconsideration. Within 21 days after the date of this order, appellant shall move for voluntary dismissal of this appeal or show cause why the scope of the appeal should not be limited to a review of the portion of the district courts August 27, 2020 order denying reconsideration of the denial of appellants motion for a preliminary injunction. See 28 U.S.C. 1292(a)(1); Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221 (9th Cir. 1981). If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [11839706] (CKP) [Entered: 09/28/2020 03:46 PM] |
| Filing 2 Filed Appellant Robert L. Allum motion to proceed In Forma Pauperis. Deficiencies: None. Served on 09/21/2020. [11836707] (RT) [Entered: 09/25/2020 09:25 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Robert L. Allum opening brief due 11/25/2020. Appellees Department of Labor, Does, Thomas E. Martelo, Montana, Wilbur Pino, Anna Pudelka, Melissa N. Quale, State Fund and State of Montana answering brief due 12/28/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11836700] (RT) [Entered: 09/25/2020 09:19 AM] |
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