Raul Rodriguez v. CDCR-Agents, et al
| S. K. HEMENWAY, Appeals Examiner, individual capacity, E. MOSSER, individual; Appeals Coordinator CCII. official capacity, CDCR-AGENTS, J. ORTEGA, individual; ISU Sergeant, official capacity, F. LECKIE, Lieutenant, individual capacity and KIMBERLY A. SEIBEL, Warden, individual capacity |
| RAUL RODRIGUEZ |
| 20-55707 |
| July 13, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on August 27, 2020. A more recent docket listing may be available from PACER.
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| Filing 10 Received original and 0 copies of Appellant Raul Rodriguez opening brief of 10 pages (Informal: No). Served on 08/23/2020. Major deficiency: briefing is stayed (IFP motion and motion to appoint counsel are pending). [11804892] (LA) [Entered: 08/27/2020 12:11 PM] |
| Filing 9 Filed (ECF) Appellee F. Leckie reply to response to Court order dated 07/16/2020. Date of service: 08/21/2020. [11797734] [20-55707] (Doernberger, Jeremy) [Entered: 08/21/2020 10:11 AM] |
| Filing 8 Filed Appellant Raul Rodriguez addendum to response to court order and IFP motion. Dated 08/12/2020. Paper filing deficiency: None. [11791853] (RL) [Entered: 08/17/2020 02:44 PM] |
| Filing 7 Filed Appellant Raul Rodriguez response to 7/16/20 order. Served on 08/01/2020. [11784289] (CW) [Entered: 08/11/2020 08:26 AM] |
| Filing 6 Filed Appellant Raul Rodriguez motion to proceed In Forma Pauperis. Deficiencies: None. Served on 08/01/2020. [11784283] (CW) [Entered: 08/11/2020 08:25 AM] |
| Filing 5 Filed Appellant Raul Rodriguez motion to appoint counsel. Deficiencies: None. Served on 08/01/2020. [11784280] (CW) [Entered: 08/11/2020 08:23 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: JW): A review of the district courts docket reflects that the district court has certified that this appeal is frivolous and 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 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 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, (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. [11755291] (CKP) [Entered: 07/16/2020 12:30 PM] |
| Filing 3 Received copy of District Court order filed on 07/14/2020 denying ifp. [11754781] (CW) [Entered: 07/16/2020 09:18 AM] |
| Filing 2 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [11751630] (CKP) [Entered: 07/14/2020 02:09 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Raul Rodriguez opening brief due 09/04/2020. Appellees CDCR-Agents, S. K. Hemenway, F. Leckie, E. Mosser, J. Ortega and Kimberly A. Seibel, Warden answering brief due 10/05/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11750801] (JBS) [Entered: 07/13/2020 02:04 PM] |
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