Gregory Austin v. State of California, et al
MICHAEL I. BEGERT, Judge, D. FLORES, Med. Appeals Analyst, LINDA COLFAX, Judge, REBECCA WIGHTMAN, Judge, M. WILEY, Sup. Judge, SAN FRANCISCO SUPERIOR COURT, A. MASSULO, Sup. Judge and STATE OF CALIFORNIA |
GREGORY A. AUSTIN |
21-15191 |
February 3, 2021 |
U.S. Court of Appeals, Ninth Circuit |
Other |
Docket Report
This docket was last retrieved on March 9, 2021. A more recent docket listing may be available from PACER.
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Filing 12 Filed (ECF) Appellant Mr. Gregory A. Austin response to order to show cause dated 03/09/2021. Date of service: 03/09/2021. [12029659] [21-15191] (Austin, Gregory) [Entered: 03/09/2021 02:21 PM] |
Filing 11 Filed (ECF) Appellant Mr. Gregory A. Austin Motion to proceed In Forma Pauperis. Date of service: 02/26/2021. [12017783] [21-15191] (Austin, Gregory) [Entered: 02/26/2021 10:43 AM] |
Filing 10 Received 9 paper copies of Opening Brief [ # 4 ] filed by Mr. Gregory A. Austin. [12016603] (SD) [Entered: 02/25/2021 11:17 AM] |
Filing 9 Filed clerk order (Deputy Clerk: DA): On January 6, 2021, the district court dismissed appellant Gregory Austins amended petition for a writ of habeas corpus under 28 U.S.C. 2254 for lack of subject matter jurisdiction, and concluded that the district court lacked jurisdiction over the action to the extent that appellant also attempted to include other claims under state and federal law not arising under 28 U.S.C. 2254. To the extent this appeal may require a certificate of appealability with respect to the claims arising under 28 U.S.C. 2254, this court will rule on the request for a certificate of appealability in a later order. To the extent a certificate of appealability is not required with respect to the district courts dismissal of appellants action for lack of jurisdiction over his claims under state and federal law not arising under 28 U.S.C. 2254, a review of the record suggests that this appeal may be appropriate for summary disposition under Ninth Circuit Rule 3-6(b). See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982). Within 21 days after the filing date of this order, appellant must show cause why summary affirmance of the district courts judgment is not appropriate. On February 2, 2021, the district court revoked appellants in forma pauperis status for this appeal, finding that the appeal is frivolous. A review of this courts docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant must pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. Failure to pay the fees or file a motion to proceed in forma pauperis will result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. If appellant does not comply with this order, this appeal will be automatically dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. Appellants opening brief was filed on February 18, 2021. Because there is no appearance by appellees, briefing is complete. Appellants motion for a waiver of the requirement to serve hard copy filings on appellees is unnecessary [ # 7 ] because appellees have not appeared in this appeal. All other pending motions will be addressed by separate order. The Clerk will serve a Form 4 financial affidavit on appellant. [12015460] (CKP) [Entered: 02/24/2021 02:09 PM] |
Filing 8 Filed (ECF) Appellant Mr. Gregory A. Austin Motion to stay appellate proceedings, Motion for certificate of appealability, Motion to expedite case, Motion to file appendix(ices) in volumes to Motion To Proceed Electronically, Motion for Certificate of Appealability with Prejudice, Motion for Expediency, appendices with Motion to Stay Appellate, Motion to Consider Paper-Submitted Brief and Correction of Defendant List under Summary. Date of service: 02/22/2021. [12012307] [21-15191] (Austin, Gregory) [Entered: 02/22/2021 03:31 PM] |
Filing 7 Filed (ECF) Appellant Mr. Gregory A. Austin motion for miscellaneous relief [motion to proceed electronically and additional appeal with prejudice]. Date of service: 02/19/2021. [12010552] [21-15191]--[COURT UPDATE: Updated docket text to reflect content of filing. 02/22/2021 by SLM] (Austin, Gregory) [Entered: 02/19/2021 06:14 PM] |
Filing 6 Entered appearance of Appellee State of California (Appellee omitted from the docket in error). [12009475] (JBS) [Entered: 02/19/2021 10:25 AM] |
Filing 5 Filed clerk order: The opening brief [ # 4 ] submitted by Mr. Gregory A. Austin is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: not applicable. The paper copies shall be submitted to the principal office of the Clerk. [12009015] (SML) [Entered: 02/18/2021 05:02 PM] |
Filing 4 Submitted (ECF) Opening Brief for review. Submitted by Appellant Mr. Gregory A. Austin. Date of service: 02/17/2021. [12006284] [21-15191]--[COURT UPDATE: Updated entry to remove the appellees as filers of the brief. 02/18/2021 by SML] (Austin, Gregory) [Entered: 02/17/2021 10:27 AM] |
Filing 3 Received copy of District Court order filed on 02/04/2021. Revoking in forma pauperis status [11998237] (NAC) [Entered: 02/09/2021 03:31 PM] |
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. [11992849] (CKP) [Entered: 02/04/2021 12:49 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 Gregory A. Austin opening brief due 04/02/2021. [11990861] (JBS) [Entered: 02/03/2021 09:00 AM] |
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