Michael Perry v. Dupure International, Inc., et al
| DOES, 1 through 10 known and unknown defendants, ECO WATER, ALTER EGO BALANCE ENERGY LLC, COSTCO WHOLESALE, DUPURE INTERNATIONAL, INC., XL SPECIALTY INSURANCE CO. and PATRICK DALEE |
| MICHAEL MOSHE PERRY |
| 20-55543 |
| May 19, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 8 Received copy of District Court order filed on 07/16/2020. [11755890] (JFF) [Entered: 07/16/2020 04:36 PM] |
| Filing 7 Filed Appellant Michael Moshe Perry statement explaining why the appeal is not frivolous and should go forward [11755591] (JFF) [Entered: 07/16/2020 02:52 PM] |
| Filing 6 Filed Appellant Michael Moshe Perry motion to proceed In Forma Pauperis. Deficiencies: None. Served on 05/06/2020. [11755583] (JFF) [Entered: 07/16/2020 02:50 PM] |
| Filing 5 Received copy of amended notice of appeal from district court filed on 07/06/2020. [11749019] (QDL) [Entered: 07/10/2020 01:24 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: JW): On May 21, 2020, this court issued an order staying appellate proceedings pending disposition of the motion to set aside and vacate the April 9, 2020 order in the district court. On June 10, 2020, the district court denied the motion. The stay order filed May 21, 2020, is lifted and this appeal shall proceed. A review of the district courts docket reflects that the district court denied appellants motion for leave to proceed in forma pauperis on appeal because it found that the appeal is frivolous. 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. 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 appellant files a statement that the appeal should go forward, appellee 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, (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. [11721763] (CKP) [Entered: 06/15/2020 01:05 PM] |
| Filing 3 Filed Appellant Michael Moshe Perry letter dated re: Notice of appellant. Paper filing deficiency: None. [11709725] (JFF) [Entered: 06/03/2020 12:18 PM] |
| 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 May 18, 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 April 29, 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. [11697717] (CKP) [Entered: 05/21/2020 10:21 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [11695389] (RT) [Entered: 05/19/2020 11:34 AM] |
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