Douglas Derello, Jr. v. David Shinn, et al
| CARR, First name unknown, KARR, Deputy Warden at SMU and DAVID SHINN, Director |
| DOUGLAS WAYNE DERELLO, Jr., AKA Douglas Wayne Derello |
| 21-15246 |
| February 11, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| DOUGLAS DERELLO, JR. V. DAVID SHINN |
Docket Report
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This docket was last retrieved on April 1, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 11 Received PLRA authorization response from appellant. Dated 03/29/2021. [12060549] (NAC) [Entered: 04/01/2021 10:33 AM] |
| Filing 10 Filed clerk order (Deputy Clerk: CO): A review of the district court docket reflects that the district court granted appellant leave to proceed in forma pauperis and that such permission has not been revoked. Accordingly, appellants in forma pauperis status continues in this court. See Fed. R. App. P. 24(a)(3). Appellants motion to proceed in forma pauperis on appeal [ # 3 ] is therefore unnecessary. On February 16, 2021, this court ordered appellant to complete and file with this court the enclosed prisoner authorization form. To date, appellant has not complied with this order. Within 21 days after the date of this order, appellant shall have one final opportunity to sign and file with this court the enclosed authorization form, which directs the prison officials at appellants institution to assess, collect, and forward to the court the $505.00 filing and docketing fees for this appeal on a monthly basis whenever funds exist in appellants trust fund account. These fees will continue to be collected regardless of the date or manner of disposition of this appeal. See 28 U.S.C. 1915(b)(2) and (e)(2). Appellant is not responsible for payment when the funds in appellants prison trust account total less than $10.00, but payments must resume when additional deposits are made or funds are otherwise available. Appellants motions for leave to use the original record are granted [ # 4 ], [ # 7 ]. Because appellant is proceeding without counsel, appellant is not required to file excerpts of record. See 9th Cir. R. 30-1.3. If appellant does not file excerpts of record, appellees must file Supplemental Excerpts of Record that contain all of the documents that are cited in the pro se opening brief or otherwise required by Rule 30-1.4, as well as the documents that are cited in the answering brief. See id. If appellant fails to comply with this order, the appeal will be dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The opening brief is due May 7, 2021; the answering brief is due June 7, 2021; and the optional reply brief is due within 21 days after service of the answering brief. The Clerk shall send a copy of the February 16, 2021 order to appellant along with this order. [12059674] (CKP) [Entered: 03/31/2021 01:55 PM] |
| Filing 9 Deleted Incorrect Entry (Document will be docketed in the Correct Case No. 21-15243) [12053521] (JFF) [Entered: 03/25/2021 02:01 PM] |
| Filing 8 Filed Appellant Douglas Wayne Derello, Jr. letter dated re: request docket sheet(sent copy). Paper filing deficiency: None. [12053497] (JFF) [Entered: 03/25/2021 01:54 PM] |
| Filing 7 Filed Appellant Douglas Wayne Derello, Jr. motion for leave to use original record. Deficiencies: None. [12053480] (JFF) [Entered: 03/25/2021 01:45 PM] |
| Filing 6 Deleted Incorrect Entry. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 5 ]. Original Text: Received Appellant Douglas Wayne Derello, Jr. notice requesting docket sheet. [12050800] (RR) [Entered: 03/23/2021 01:07 PM] |
| Filing 5 Filed Appellant Douglas Wayne Derello, Jr. letter dated re: request docket sheet(sent copy). Paper filing deficiency: None. [12045889] (JFF) [Entered: 03/18/2021 11:39 AM] |
| Filing 4 Filed Appellant Douglas Wayne Derello, Jr. motion for leave to use original record. Deficiencies: None. [12045877] (JFF) [Entered: 03/18/2021 11:33 AM] |
| Filing 3 Filed Appellant Douglas Wayne Derello, Jr. motion to proceed In Forma Pauperis. Deficiencies: None. [12045870] (JFF) [Entered: 03/18/2021 11:31 AM] |
| Filing 2 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner fee authorization form sent to prisoner. [12005406] (CKP) [Entered: 02/16/2021 04:58 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Douglas Wayne Derello Jr. opening brief due 04/12/2021. Appellees Carr, Karr and David Shinn, Director answering brief due 05/12/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12001026] (JMR) [Entered: 02/11/2021 02:42 PM] |
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