Jasper Bailey v. Santa Clara Cty. Superior Ct.
| SANTA CLARA COUNTY SUPERIOR COURT and SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA |
| JASPER W. BAILEY |
| 21-15786 |
| April 29, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on June 23, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 36 Filed Appellant Jasper W. Bailey supplemental motion for resentencing. Deficiencies: None. [12152276] (NAC) [Entered: 06/23/2021 01:57 PM] |
| Filing 35 Filed Appellant Jasper W. Bailey supplemental motion to extend time to file appellant opening brief Deficiencies: None. [12152270] (NAC) [Entered: 06/23/2021 01:56 PM] |
| Filing 34 Filed Appellant Jasper W. Bailey supplemental motion to complete production of Reporters Transcript at government expense. Deficiencies: None. [12152260] (NAC) [Entered: 06/23/2021 01:54 PM] |
| Filing 33 Filed Appellant Jasper W. Bailey motion for resentencing. Deficiencies: None. [12149514] (NAC) [Entered: 06/21/2021 02:22 PM] |
| Filing 32 Filed Appellant Jasper W. Bailey motion to complete production of Reporters Transcript at government expense. Deficiencies: None [12149510] (NAC) [Entered: 06/21/2021 02:21 PM] |
| Filing 31 Filed Appellant Jasper W. Bailey motion to extend time to file appellant opening brief. Deficiencies: None. [12149507] (NAC) [Entered: 06/21/2021 02:20 PM] |
| Filing 30 Received Appellant Jasper W. Bailey transcript designation form. [12146931] (NAC) [Entered: 06/17/2021 10:02 AM] |
| Filing 29 Received notice of change of address dated 06/09/2021 from Jasper W. Bailey. New address: P.O. Box 705 Soledad, CA 93960. [12146929] (NAC) [Entered: 06/17/2021 10:02 AM] |
| Filing 28 Received Appellant Jasper W. Bailey notice regarding decision by District Court on motion for transcripts at Government's expense. [12145962] (NAC) [Entered: 06/16/2021 11:44 AM] |
| Filing 27 Filed Appellant Jasper W. Bailey supplemental motion to proceed In Forma Pauperis. Deficiencies: None. [12142652] (NAC) [Entered: 06/14/2021 07:25 AM] |
| Filing 26 Filed Appellant Jasper W. Bailey statement that appeal should go forward. [12138347] (NAC) [Entered: 06/09/2021 07:28 AM] |
| Filing 25 Filed Appellant Jasper W. Bailey miscellaneous letter dated 06/03/2021. Paper filing deficiency: None. [12138346] (NAC) [Entered: 06/09/2021 07:27 AM] |
| Filing 24 Received notice of change of address dated 05/24/2021 from Jasper W. Bailey. New address: Shasta B-117, Correctional Training Facility,--North, Soledad, CA 93960. [12137901] (NAC) [Entered: 06/08/2021 03:16 PM] |
| Filing 23 Filed Appellant Jasper W. Bailey motion to proceed In Forma Pauperis. Deficiencies: None. [12137884] (NAC) [Entered: 06/08/2021 03:13 PM] |
| Filing 22 Filed Appellant Jasper W. Bailey motion to complete production of Reporters Transcript at government expense. Deficiencies: None. [12136925] (NAC) [Entered: 06/08/2021 08:56 AM] |
| Filing 21 Filed Appellant Jasper W. Bailey motion for DNA testing. Deficiencies: None. [12135268] (NAC) [Entered: 06/07/2021 09:19 AM] |
| Filing 20 Filed Appellant Jasper W. Bailey motion for injunction pending appeal. Deficiencies: None. [12135264] (NAC) [Entered: 06/07/2021 09:17 AM] |
| Filing 19 Filed Appellant Jasper W. Bailey response to order to show cause. [12124307] (NAC) [Entered: 05/25/2021 03:19 PM] |
| Filing 18 Received copy of amended notice of appeal from district court. [12123742] (NAC) [Entered: 05/25/2021 11:34 AM] |
| Filing 17 Received Appellant Jasper W. Bailey notice regarding ruling of last motion by the District Court. [12122568] (NAC) [Entered: 05/24/2021 02:01 PM] |
| Filing 16 Filed clerk order (Deputy Clerk: CO): On May 5, 2021, this court issued an order staying appellate proceedings pending disposition of the motion reconsideration in the district court. On May 6, 2021, the district court denied the motion. The stay order filed May 5, 2021 is lifted. A review of the district courts docket reflects that the district court has certified that this appeal is frivolous 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). 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. [12113755] (CKP) [Entered: 05/14/2021 02:48 PM] |
| Filing 15 Received Appellant Jasper W. Bailey notice regarding request for copy of FRAP Rules & case docket. (copy sent on 5/11/2021) [12111943] (NAC) [Entered: 05/13/2021 12:00 PM] |
| Filing 14 Received Appellant Jasper W. Bailey notice regarding acknowledge receipt of this Court's referral notice. [12111937] (NAC) [Entered: 05/13/2021 11:59 AM] |
| Filing 13 Filed Appellant Jasper W. Bailey motion to appoint pro bono counsel. Deficiencies: None. [12111933] (NAC) [Entered: 05/13/2021 11:57 AM] |
| Filing 12 Received copy of District Court order filed on 05/06/2021. Denying request for reconsideration. [12109647] (RR) [Entered: 05/11/2021 03:57 PM] |
| Filing 11 Sent Appellant a copy of the FRAP and Ninth Circuit rules and a copy of the docket sheet in response to the Form 29 request received on 05/11/2021. [12109398] (JR) [Entered: 05/11/2021 02:14 PM] |
| Filing 10 Received Appellant Jasper W. Bailey request for copy of FRAP Rules and docket sheet. [12109363] (NAC) [Entered: 05/11/2021 01:57 PM] |
| Filing 9 Filed Appellant Jasper W. Bailey motion to appoint pro bono counsel. Deficiencies: None. [12109358] (NAC) [Entered: 05/11/2021 01:56 PM] |
| Filing 8 Filed Appellant Jasper W. Bailey letter dated 05/05/2021:. Paper filing deficiency: None. [12109351] (NAC) [Entered: 05/11/2021 01:55 PM] |
| Filing 7 Fee status changed ( [Case Number 21-15786: Due] ). [12108915] (CO) [Entered: 05/11/2021 10:25 AM] |
| Filing 6 Received copy of District Court Order denying request for reconsideration. [12107829] (NAC) [Entered: 05/10/2021 02:09 PM] |
| Filing 5 Received copy of District Court order filed on 05/06/2021. Denying leave to proceed IFP on appeal. [12104169] (RR) [Entered: 05/06/2021 09:54 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: CO): The courts records reflect that appellant filed a timely motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The April 23, 2021 notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court are held in abeyance pending the district courts resolution of the pending April 23, 2021 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994); Tripati v. Henman, 845 F.2d 205, 206 (9th Cir. 1988). Within 14 days after the district courts ruling on the pending motion, appellant shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [12103530] (CKP) [Entered: 05/05/2021 03:45 PM] |
| Filing 3 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12103411] (CKP) [Entered: 05/05/2021 03:10 PM] |
| Filing 2 Filed Appellant Jasper W. Bailey letter re: Civil appeal. Paper filing deficiency: None. [12098890] (QDL) [Entered: 04/30/2021 04:45 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEE. SEND MQ: No. The schedule is set as follows: Appellant Jasper W. Bailey opening brief due 06/22/2021. [12097195] (JBS) [Entered: 04/29/2021 02:40 PM] |
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