Darnell Black, Sr. v. R. Caputo, et al
| R. CAPUTO, Doctor, individual and official capacity and J. LEE, Doctor, individual and official capacity |
| DARNELL BLACK, Sr. |
| 20-55122 |
| February 5, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 12 Filed Appellant Darnell Black, Sr. statement that appeal should go forward. [11639292] (RR) [Entered: 03/23/2020 04:54 PM] |
| Filing 11 Filed clerk order (Deputy Clerk: CO): 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 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). 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. [11628384] (OC) [Entered: 03/12/2020 04:08 PM] |
| Filing 10 Fee status changed ( [Case Number 20-55122: Due] ). [11624751] (CO) [Entered: 03/10/2020 01:07 PM] |
| Filing 9 Filed (ECF) Appellee J. Lee Correspondence: Letter to Clerk re case caption needs to be corrected. Date of service: 03/09/2020 [11622905] [20-55122] (Sullinger, Shirley) [Entered: 03/09/2020 01:12 PM] |
| Filing 8 Received copy of District Court order filed on 02/28/2020. Plaintiff's appeal is not taken in good faith and Plaintiff's IFP status is REVOKED. [11615400] (RR) [Entered: 03/02/2020 03:59 PM] |
| Filing 7 Filed Appellant Darnell Black, Sr. motion to appoint counsel. Deficiencies: None. Served on 02/17/2020. [11606292] (JFF) [Entered: 02/24/2020 10:55 AM] |
| Filing 6 Filed original and 0 copies of Appellant Darnell Black, Sr. opening brief of 6 pages (Informal: Yes). Dated 02/13/2020; Served on 02/20/2020 by Court via CM/ECF. Filed with minor deficiency: no certificate of service. [11603110] (LA) [Entered: 02/20/2020 11:21 AM] |
| Filing 5 Received Appellant Darnell Black, Sr. notice regarding IFP motion and opening brief. [11602280] (RR) [Entered: 02/19/2020 03:56 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. [11591257] (CKP) [Entered: 02/10/2020 11:39 AM] |
| Filing 3 Filed clerk order (Deputy Clerk: CO): A review of the district court record reflects that appellant did not sign the notice of appeal. See Fed. R. App. P. 3(c)(2) (notice of appeal considered filed on behalf of the signer); see also Becker v. Montgomery, 532 U.S. 757, 765 (2001) (pro se litigants failure to sign the notice of appeal is a nonjurisdictional, and therefore, curable defect); McKinney v. Debord, 507 F.2d 501 (9th Cir. 1974) (pro se appellant must personally sign notice of appeal). Within 21 days after the date of this order, appellant shall correct the defect by filing a signed copy of the notice of appeal in the district court. If appellant fails to comply with this order, the appeal will be dismissed automatically by the Clerk under Ninth Circuit Rule 42-1. [11591035] (CKP) [Entered: 02/10/2020 10:39 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Darnell Black Sr. opening brief due 04/03/2020. Appellees R. Caputo and J. Lee answering brief due 05/04/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11586384] (OC) [Entered: 02/05/2020 11:57 AM] |
| Filing 2 Filed Appellant Darnell Black, Sr. motion to proceed In Forma Pauperis. Deficiencies: No certificate of service. [11588724] (RR) [Entered: 02/06/2020 05:07 PM] |
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