Robert Rose v. State of Montana, et al
| MONTANA DEPARTMENT OF CORRECTIONS, MEMBERS OF MDOC MEDICAL REVIEW PANEL, LYNN GUYER, LIZ RANTZ, CONN WINNER, MONTANA DEPARTMENT OF CORRECTIONS CLINICAL SERVICES DIVISION, REGINALD MICHAEL, STATE OF MONTANA, REESE, MOUNTAIN PACIFIC QUALITY HEALTH FOUNDATION, TRISDAN KOHUT and LEROY KIRKEGARD |
| ROBERT L. ROSE |
| 20-36084 |
| December 17, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed order (Deputy Clerk: CKP) Motion to dismiss case voluntarily pursuant to FRAP 42(b). This order shall constitute the mandate. [11974188] (CKP) [Entered: 01/21/2021 12:16 AM] |
| Filing 3 Received Appellant Robert L. Rose Notice of withdrawal. [11966879] (NAC) [Entered: 01/18/2021 07:45 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The appeal filed December 17, 2020 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The briefing schedule shall be established as follows: appellants opening brief is due January 19, 2021; appellees answering brief is due February 16, 2021; and appellants optional reply brief is due within 21 days after service of the answering 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). 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that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date.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, appellant's 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 appellant's 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 appellant's 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 appellant's 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 $10.00, but payments must resume when additional deposits are made or funds are otherwise available. 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. [11936320] (CKP) [Entered: 12/22/2020 09:26 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: To be set. Preliminary Injunction Appeal, C.R. 3-3. [11931650] (JBS) [Entered: 12/17/2020 02:24 PM] |
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