Isiah Hill v. ADOC, et al
| STATE OF ARIZONA, GARRETT M. HYLE, B. DEFEO, #6855, Sued Official/Individual, SLADE, C.O. #1777, Sued Official/Individual, D. THOMSON, ARIZONA DEPARTMENT OF CORRECTIONS, named as State Department of AZ Correction, DAVID DICKEY and CHARLES L. RYAN, Named as Former Director, C. Ryan, Sued Official/Individual |
| ISIAH ROMONT HILL |
| 21-15470 |
| March 16, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 8 Filed Appellant Isiah Romont Hill response to order to show cause dated 03/31/2021. Served on 04/02/2021. [12062085] (QDL) [Entered: 04/02/2021 01:14 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: CO): On March 17, 2021, this court issued an order staying appellate proceedings pending disposition of the February 2, 2021 motion in the district court. On March 26, 2021, the district court denied the motion. Appellant filed an amended notice of appeal on March 29, 2021. The stay order filed March 17, 2021, is lifted and this appeal shall proceed. A review of the district courts docket reflects that the district court considered whether an appeal of its final decision would be taken in good faith and concluded that an appeal would not be taken in good faith. 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 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, 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, and (2) a form statement that the appeal should go forward. [12060021] (CKP) [Entered: 03/31/2021 04:29 PM] |
| Filing 6 Received copy of amended notice of appeal from district court filed on 03/29/2021. [12058854] (QDL) [Entered: 03/30/2021 05:16 PM] |
| Filing 5 Filed Appellant Isiah Romont Hill supplemental motion to proceed In Forma Pauperis. Deficiencies: None. Served on 03/24/2021. [12058294] (QDL) [Entered: 03/30/2021 01:00 PM] |
| Filing 4 Filed Appellant Isiah Romont Hill response to Court order dated 03/17/2021. Served on 03/29/2021. [12057468] (QDL) [Entered: 03/29/2021 09:42 PM] |
| Filing 3 Filed Appellant Isiah Romont Hill motion to proceed In Forma Pauperis. Deficiencies: None. Served on 03/29/2021. [12056341] (QDL) [Entered: 03/29/2021 11:16 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): On February 2, 2021, the district court received appellants motion titled as a motion for reconsideration. Appellants February 2, 2021 filing may constitute one of the motions listed in Federal Rule of Appellate Procedure 4(a)(4). Proceedings in this court will be stayed until the district court determines whether appellants February 2, 2021 filing falls within those listed in Federal Rule of Appellate Procedure 4(a)(4) and, if so, whether the motion should be granted or denied. See Fed. R. App. P. 4(a)(4); Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994); see also Fed. R. Civ. P. 62.1(a). Within 21 days after the district courts decision, appellant must notify this court in writing of the decision and state whether he wishes to move forward with this appeal. To challenge the decision on the post-judgment motion, appellant must file an amended notice of appeal within the time set by Federal Rule of Appellate Procedure 4. See Fed. R. App. P. 4(a)(4). A copy of this order will be sent to the district court. [12045043] (CKP) [Entered: 03/17/2021 04:02 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Isiah Romont Hill opening brief due 05/11/2021. Appellee Arizona Department of Corrections answering brief due 06/10/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12043317] (JPD) [Entered: 03/16/2021 02:55 PM] |
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