Tatyana Drevaleva v. USA, et al
| PETER O'ROURKE |
| OFFICE OF RESOLUTION MANAGEMENT, of the Department of Veterans Affairs, NEW MEXICO VA HEALTHCARE SYSTEM, MINNEAPOLIS VA MEDICAL CENTER, UNITED STATES OF AMERICA, ROBERT WILKIE, United States Secretary of Veterans Affairs and DEPARTMENT OF VETERANS AFFAIRS |
| TATYANA EVGENIEVNA DREVALEVA |
| 21-15656 |
| April 14, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 7 Filed clerk order (Deputy Clerk: DA): Appellants motion for an extension of time [ # 6 ] to respond to this courts April 30, 2021 order is granted. Appellant shall file a response on or before June 24, 2021. Failure to comply with this order will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute under Ninth Circuit Rule 42-1. Briefing remains stayed pending further order of the court. [12131279] (CKP) [Entered: 06/02/2021 01:20 PM] |
| Filing 6 Filed (ECF) Appellant Tatyana Evgenievna Drevaleva EMERGENCY Motion to extend time to file a response until 06/24/2021. Date of service: 05/31/2021. [12128903] [21-15656] (Drevaleva, Tatyana) [Entered: 05/31/2021 08:23 AM] |
| Filing 5 Attorney Kimberly Robinson substituted by Attorney Adrienne Zack. [12110095] (RL) [Entered: 05/12/2021 08:58 AM] |
| Filing 4 Filed (ECF) notice of appearance of Adrienne Marie Zack (U.S. Attorney's Office, Northern District of California, 450 Golden Gate Avenue, 9th Fl., San Francisco, CA 94102) for Appellees Department of Veterans Affairs, Minneapolis VA Medical Center, New Mexico VA Healthcare System, ORM, USA and Robert Wilkie. Substitution for Attorney Kimberly Robinson for Appellees Department of Veterans Affairs, Minneapolis VA Medical Center, New Mexico VA Healthcare System, ORM, USA and Robert Wilkie. Date of service: 05/11/2021. (Party was previously proceeding with counsel.) [12109849] [21-15656] (Zack, Adrienne) [Entered: 05/11/2021 05:21 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: DA): Appellants April 13, 2021 notice of appeal challenges the district courts judgment entered on September 20, 2019, and the district courts post-judgment order entered on March 29, 2021. Appellant filed a previous appeal of the district courts September 20, 2019 judgment, appeal No. 19-17286. The mandate for appeal No. 19-17286 issued on March 11, 2021. The portion of the notice of appeal challenging the September 20, 2019 judgment is duplicative of closed appeal No. 19-17286. Accordingly, the scope of this appeal is limited to a review of the district courts March 29, 2021 post-judgment order. A review of the district courts docket reflects that the district court has certified that this appeal is 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. The briefing schedule for this appeal is stayed. [12102467] (OC) [Entered: 05/05/2021 09:12 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. [12080703] (CKP) [Entered: 04/20/2021 11:51 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 05/13/2021. Transcript due 06/14/2021. Appellant Tatyana Evgenievna Drevaleva opening brief due 07/22/2021. Appellees Department of Veterans Affairs, Minneapolis VA Medical Center, New Mexico VA Healthcare System, Office of Resolution Management, United States of America and Robert Wilkie answering brief due 08/23/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12073952] (RT) [Entered: 04/14/2021 11:47 AM] |
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