Willie Smith v. Aaron Ford, et al
| C. DANIELS, S. MOYLE, AARON FORD, W. MOORE, J. BARTH, THRASHER, D. DRUMMOND, J. NASH, MARY SHAKAYLA, St., JAMES DZURENDA, W. REUBART, W. GITTERE, D. SOUTHWORTH, B. WILLIAMS and T. SANDOVAL |
| WILLIE T. SMITH |
| 21-16042 |
| June 17, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 8 Filed Appellant Willie T. Smith motion to proceed In Forma Pauperis. Deficiencies: None. [12196783] (RR) [Entered: 08/10/2021 10:05 AM] |
| Filing 7 Filed clerk order (Deputy Clerk: MF): Appellants motion for an extension of time to comply with the July 12, 2021 order is granted [ # 6 ]. Within 21 days after the date of this order, appellant shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. Failure to pay the fees or file a motion to proceed in forma pauperis shall result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The briefing schedule is stayed pending resolution of appellants motion for appointment of counsel, which will be addressed by separate order. See 9th Cir. R. 27-11. The Clerk shall serve a Form 4 financial affidavit on appellant. [12192155] (CKP) [Entered: 08/04/2021 03:08 PM] |
| Filing 6 Filed Appellant Willie T. Smith time extension request. Deficiencies: None. Served on 07/25/2021. [12189471] (RL) [Entered: 08/02/2021 01:55 PM] |
| Filing 5 Filed Appellant Willie T. Smith motion to appoint counsel. Deficiencies: None. [12172331] (JFF) [Entered: 07/14/2021 11:59 AM] |
| Filing 4 Filed order (Appellate Commissioner): On June 9, 2021, the district court entered an order that, among other things, dismissed some of appellants claims with prejudice, stayed the case for 90 days, and denied appellants motion for a preliminary injunction. The only portion of the June 9, 2021 order that is immediately appealable is the portion of the order denying preliminary injunctive relief. See 28 U.S.C. 1292(a)(1); see also Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (order is not appealable unless it disposes of all claims as to all parties or judgment is entered in compliance with Fed. R. Civ. P. 54(b)); Silberkleit v. Kantrowitz, 713 F.2d 433, 434 (9th Cir. 1983) (order granting or denying a stay of proceedings is not generally a final decision appealable under 28 U.S.C. 1291). Therefore, the scope of this appeal is limited to a review of that portion of the district courts June 9, 2021 order denying preliminary injunctive relief. A review of this courts docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant must pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of payment or file in this court a motion to proceed in forma pauperis. Failure to pay the fees or file a motion to proceed in forma pauperis will result in dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The opening brief is due August 13, 2021; the answering brief is due September 10, 2021; and the optional reply brief is due within 21 days after service of the answering brief. Because there is no appearance by appellees, briefing will be completed upon the filing of the opening brief. The filing of a motion to proceed in forma pauperis will stay the briefing schedule pursuant to Ninth Circuit Rule 27-11. The Clerk will serve a Form 4 financial affidavit on appellant. (Pro Se) [12169934] (CKP) [Entered: 07/12/2021 02:00 PM] |
| Filing 3 Attorney Aaron Darnell Ford in 21-16042 substituted by Attorney Frank Anthony Toddre II in 21-16042 [12152746] (JFF) [Entered: 06/23/2021 05:01 PM] |
| Filing 2 Filed (ECF) notice of appearance of Frank A. Toddre, II (Office of the Attorney General, State of Nevada, 555 E. Washington Ave., Ste. 3900, Las Vegas, Nevada 89101) for Appellee Mary Shakayla. Substitution for Attorney Mr. Aaron Darnell Ford, Esquire for Appellee Mary Shakayla. Date of service: 06/23/2021. (Party was previously proceeding with counsel.) [12152735] [21-16042] (Toddre, Frank) [Entered: 06/23/2021 04:50 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Willie T. Smith opening brief due 08/16/2021. Appellee Mary Shakayla answering brief due 09/15/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12147496] (JPD) [Entered: 06/17/2021 02:31 PM] |
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