Ricky Foster v. C. Baker, et al
| RICKY TYRONE FOSTER |
| C. BAKER and J. NAVARRO, Prison Guard Sergeant at CSP-Corcoran |
| 21-16326 |
| August 16, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 7 Filed order (M. MARGARET MCKEOWN and WILLIAM A. FLETCHER) Appellants motion to proceed in forma pauperis (Docket Entry No. [ # 4 ]) is granted. Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant eventually must pay the full amount of the filing and docketing fees for this appeal. Accordingly, within 21 days after the date of this order, appellant shall complete and file with this court the enclosed prisoner authorization form, which directs the prison officials at appellants institution to assess, collect, and forward to the court the $505.00 filing and docketing fees for this appeal on a monthly basis whenever funds exist in appellants trust fund account. These fees will continue to be collected regardless of the date or manner of disposition of this appeal. See 28 U.S.C. 1915(b)(2), (e)(2). If appellant fails to comply with this order, the Clerk shall dismiss this appeal for failure to prosecute. See 9th Cir. R. 42-1. Appellants motion for appointment of counsel (Docket Entry No. [ # 5 ]) is denied. The motion to vacate the lower courts ruling (Docket Entry No. [ # 6 ]) is referred to the panel assigned to decide the merits of this appeal. The opening brief has been filed. The answering brief is due November 22, 2021. The optional reply brief is due within 21 days after service of the answering brief. Because appellant is proceeding without counsel, appellant is not required to file excerpts of record. See 9th Cir. R. 30-1.3. If appellant does not file excerpts of record, appellees must file Supplemental Excerpts of Record that contain all of the documents that are cited in the pro se opening brief or otherwise required by Rule 30-1.4, as well as the documents that are cited in the answering brief. See id. The Clerk shall serve this order and a prisoner authorization form on appellant. [12254272] (WL) [Entered: 10/12/2021 02:26 PM] |
| Filing 6 Filed Appellant Ricky Tyrone Foster FORM 27 motion to vacate lower court's ruling. Deficiencies: None. [12228268] (RR) [Entered: 09/14/2021 03:00 PM] |
| Filing 5 Filed Appellant Ricky Tyrone Foster motion to appoint counsel. Deficiencies: None. [12228262] (RR) [Entered: 09/14/2021 02:57 PM] |
| Filing 4 Filed Appellant Ricky Tyrone Foster motion to proceed In Forma Pauperis. Deficiencies: None. [12228256] (RR) [Entered: 09/14/2021 02:55 PM] |
| Filing 3 Filed original and 7 copies of Appellant Ricky Tyrone Foster opening brief of 6 pages (Informal: No). Served on 08/28/2021. [12223348] (KWG) [Entered: 09/08/2021 02:52 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [12205185] (CKP) [Entered: 08/18/2021 04:05 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: Yes. The schedule is set as follows: Appellant Ricky Tyrone Foster opening brief due 10/12/2021. Appellees C. Baker and J. Navarro answering brief due 11/10/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12202125] (JPD) [Entered: 08/16/2021 09:51 AM] |
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