Craig Garrett v. Ralph Diaz, et al
| OROZCO, SIGALA, Prison Guard, PATRICK COVELLO, Warden (A), SALAS, Prison Guard, LARIOS, DURAN, Prison Guard, DANIEL PARAMO, Warden, BUENROSTRO and RALPH DIAZ, Secretary of Corrections |
| CRAIG KAISER GARRETT |
| 20-55367 |
| April 8, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 8 Filed clerk order (Deputy Clerk: JW): 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); Hooker v. Am. Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). 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. If appellant does not move to dismiss this appeal, the court may dismiss the appeal as frivolous, without further notice. Any determination of whether the appeal is frivolous will be based on the response to the district courts order received by this court on May 21, 2020, and appellants statement, if any, in response to this order. 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. [11700093] (CKP) [Entered: 05/26/2020 06:32 AM] |
| Filing 7 Filed Appellant Craig Kaiser Garrett response to 05/07/2020 District Court order determining appeal is not taken in good faith. Served on 05/15/2020. Paper filing deficiency: None. [11698347] (QDL) [Entered: 05/21/2020 03:32 PM] |
| Filing 6 Received copy of District Court order filed on 05/07/2020 determining appeal is not taken in good faith. [11683911] (QDL) [Entered: 05/07/2020 01:58 PM] |
| Filing 5 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [11678728] (CKP) [Entered: 05/03/2020 01:13 PM] |
| Filing 4 Filed Appellant Craig Kaiser Garrett motion for appointment of counsel. Deficiencies: None. Served on 04/14/2020. [11666894] (QDL) [Entered: 04/21/2020 09:50 AM] |
| Filing 3 Filed Appellant Craig Kaiser Garrett motion to proceed In Forma Pauperis. Deficiencies: None. Served on 04/14/2020. [11666891] (QDL) [Entered: 04/21/2020 09:49 AM] |
| Filing 2 Filed original and 2 copies of Appellant Craig Kaiser Garrett (Informal: Yes) opening brief of 7 pages. Served on 04/15/2020. [11666756] (KWG) [Entered: 04/21/2020 09:02 AM] |
| 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 Craig Kaiser Garrett opening brief due 06/05/2020. [11655072] (JPD) [Entered: 04/08/2020 09:31 AM] |
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