Michael Hicks v. Ralph Diaz, et al
| RALPH DIAZ, Secretary, California Department of Corrections and Rehabilitation, DOE, #1, Warden, High Desert State Prison, DOE, #4, Appeals Coordinator, R.J. Donovan State Prison, DOE, #3, Appeals Coordinator, Salinas Valley State Prison, DOE, #2, Appeals Coordinator, High Desert State Prison and K. Z. ALLEN, Correctional Captain, Appeals Examiner |
| MICHAEL JAMES HICKS |
| 20-55689 |
| July 8, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed order (BARRY G. SILVERMAN, M. MARGARET MCKEOWN and DANIEL A. BRESS) This courts July 8, 2020 order held proceedings in this appeal in abeyance pending the district courts resolution of appellants July 6, 2020 motion for reconsideration filed in the district court. See Fed. R. App. P. 4(a)(4). On July 20, 2020, the district court granted appellants motion for reconsideration, reopened the district court action, and directed appellant to file an amended complaint. Because the action is still pending in the district court, this appeal is dismissed for lack of jurisdiction. See 28 U.S.C. 1291. DISMISSED. [COURT UPDATE--resent NDA with docket text reflecting what is in the order. ] [11796033] (JPD) [Entered: 08/20/2020 09:27 AM] |
Filing 3
Received copy of District Court order filed on 07/20/2020. Granting 7 Motion for Reconsideration; (2) Granting 2 Motion to Proceed in Forma Pauperis; and (3) Dismissing Complaint Pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915(A)(b). Signed by Judge Cathy Ann Bencivengo on 7/20/2020. [11758770] (NAC) [Entered: 07/20/2020 01:07 PM]
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| 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 July 6, 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 July 6, 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. [11746101] (CKP) [Entered: 07/08/2020 01:43 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 Michael James Hicks opening brief due 09/04/2020. [11745687] (JMR) [Entered: 07/08/2020 10:24 AM] |
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