Sloan Stanley v. Jeffery Uttecht, et al
| C. BLOUNT, DDS Prison Dentist Coyote Ridge Corrections Center and JEFFERY UTTECHT, Superintendent of Coyote Ridge Corrections Center |
| SLOAN PATRICK STANLEY |
| 20-35965 |
| November 9, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 10 Filed Appellant Sloan Patrick Stanley motion to dismiss case pursuant to FRAP 42(b). Deficiencies: None [11935246] (NAC) [Entered: 12/21/2020 02:15 PM] |
| Filing 9 Sent Appellant a copy of the FRAP and Ninth Circuit rules in response to his letter of request filed on 11/19/2020. [11902628] (JR) [Entered: 11/23/2020 09:07 AM] |
| Filing 8 Filed clerk order (Deputy Clerk: DA): Appellants request for permission to file electronically in this appeal [ # 6 ] is denied. The court does not have an electronic filing program established with appellants institution. 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. Appellants November 19, 2020 filing [ # 7 ] seeks clarification of the scope of this appeal. Appellant filed two notices of appeal in the district court on November 6, 2020, which were docketed and opened as one appeal No. 20-35965. Appellants notices of appeal seek to challenge the district courts denial of preliminary injunctive relief and interlocutory orders denying motions for disqualification, reconsideration, and to retain evidence. However, a review of the record suggests that the only portion of the challenged orders that is immediately appealable is the portion of the orders denying preliminary injunctive relief. See 28 U.S.C. 1292(a)(1); United States v. Washington, 573 F.2d 1121, 1122 (9th Cir. 1978) (order denying motion to disqualify judge is not final or appealable); Medhekar v. United States Dist. Court, 99 F.3d 325, 326 (9th Cir. 1996) (discovery orders not immediately appealable). Therefore, within 35 days after the date of this order, appellant shall also file a statement showing cause why the scope of this appeal should not be limited to a review of the district courts order denying preliminary injunctive relief. 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 the court dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). 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. [11901282] (CKP) [Entered: 11/20/2020 01:38 PM] |
| Filing 7 Filed Appellant Sloan Patrick Stanley letter dated 11/14/2020 re: Request for rules book. Paper filing deficiency: None. [11899299] (RL) [Entered: 11/19/2020 11:45 AM] |
| Filing 6 Filed Appellant Sloan Patrick Stanley motion for permission to efile; questions and concerns about case. Deficiencies: None. Served on 11/14/2020. [11899295] (RL) [Entered: 11/19/2020 11:44 AM] |
| Filing 5 Filed Appellant Sloan Patrick Stanley letter dated 10/06/2020 re: E-filing, email address of law librarian.. Paper filing deficiency: None. [11894545] (NAC) [Entered: 11/16/2020 03:20 PM] |
| Filing 4 Received copy of District Court order filed on 11/13/2020 ORDER revoking In Forma Pauperis status on appeal. Accordingly, IT IS HEREBY ORDERED: 1. Plaintiffs in forma pauperis status is REVOKED for purposes of appeal. 2. The Clerk of Court is DIRECTED to notify the Ninth Circuit Court of Appeals that this Court certifies, under Rule 24(a)(3)(A) of the Federal Rules of Appellate Procedure (FRAP), that Plaintiffs appeal is frivolous and not taken in good faith. IT IS SO ORDERED. The Clerks Office is directed to enter this Order and forward copies to Plaintiff and the Ninth Circuit Court of Appeals. [11892958] (RL) [Entered: 11/13/2020 04:15 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: JW): The appeal filed November 6, 2020 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The briefing schedule is established as follows: appellants opening brief is due December 7, 2020. Because there are no appearances for appellees, briefing will be complete upon filing of the opening brief. The appeal and any motions pending at the time briefing is completed shall be referred to the next available motions panel for disposition. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11886749] (CKP) [Entered: 11/09/2020 02:20 PM] |
| 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. [11886575] (CKP) [Entered: 11/09/2020 01:32 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [11886420] (RT) [Entered: 11/09/2020 12:12 PM] |
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| Defendant / appellee: C. BLOUNT, DDS Prison Dentist Coyote Ridge Corrections Center | |
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| Defendant / appellee: JEFFERY UTTECHT, Superintendent of Coyote Ridge Corrections Center | |
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| Plaintiff / appellant: SLOAN PATRICK STANLEY | |
| Represented By: | Sloan Patrick Stanley |
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