Irma Leyva Gallegos v. State of Oregon, et al
| STATE OF OREGON, PAULA MYERS, Superintendent and COFFEE CREEK CORRECTIONAL FACILITY |
| IRMA EVELIA LEYVA GALLEGOS |
| 20-36119 |
| December 29, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 26, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 Filed original and 0 copies of Appellant Irma Evelia Leyva Gallegos opening brief of 6 pages (Informal: Yes); 1 copy of excerpts of record in 1 volume. Served on 02/22/2021. [12018190] (LA) [Entered: 02/26/2021 01:51 PM] |
| Filing 6 Mail returned on 02/08/2021 addressed to Irma Evelia Leyva Gallegos, re: 01/29/2021 Orders [ # 4 ] and [ # 5 ]. Returned envelope notes: Return to sender, attempted - not known, unable to forward. Resending to: case files; no forwarding address found. [11996359] (JBS) [Entered: 02/08/2021 02:40 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: JW): On January 7, 2021, this court issued an order staying appellate proceedings pending disposition of the objection to order and judgment in the district court. On January 11, 2021, the district court construed the objection as a motion for reconsideration and denied the motion. The stay order filed January 7, 2021, is lifted and this appeal shall proceed. Appellants opening brief is due February 26, 2021. Because there are no appearance by appellees, briefing will be completed upon the filing of the opening brief. Because appellant is proceeding without counsel, appellant is not required to file excerpts of record. See 9th Cir. R. 30-1.3. [11986341] (CKP) [Entered: 01/29/2021 02:03 PM] |
| Filing 4 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [11986245] (CKP) [Entered: 01/29/2021 01:27 PM] |
| Filing 3 Received Appellant Irma Evelia Leyva Gallegos notice regarding amended NOA. [11984378] (RR) [Entered: 01/28/2021 10:12 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The courts records reflect that the notice of appeal was filed during the pendency of a timely-filed motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The December 28, 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 December 28, 2020 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). 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. [11956138] (CKP) [Entered: 01/07/2021 03:38 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: Appellant Irma Evelia Leyva Gallegos opening brief due 02/26/2021. [11947604] (JPD) [Entered: 12/29/2020 01:45 PM] |
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.
