Rafael Salas v. Henry Nichols, et al
| RAFAEL SALAS |
| CARRAWAY, Correctional Officer, HENRY NICHOLS, Correctional Officer and LACY, Correctional Sgt. |
| 21-16013 |
| June 15, 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.
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| Filing 3 Filed clerk order (Deputy Clerk: JW): The courts records reflect that the notice of appeal was filed during the pendency of a timely-filed motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The June 11, 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 May 24, 2021 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). 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. [12152561] (CKP) [Entered: 06/23/2021 03:36 PM] |
| Filing 2 Received notice regarding filing fee due from the d/c dated 6/14/21. [12147265] (DJV) [Entered: 06/17/2021 01:05 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Rafael Salas opening brief due 08/10/2021. Appellees Carraway, Lacy and Henry Nichols answering brief due 09/09/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12144208] (JPD) [Entered: 06/15/2021 09:04 AM] |
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