David Thompson v. Isidro Baca, et al
| BRIAN SANDEVAL, ADAM LAXSULT, JAMES DZURENDA, TRISTON, Deputy Dir. of NDOC, ROMEO ARANAS, KAREN GEDNEY, Dr., JOHN KEAST, T. WICKHAM, FLAMM, Sgt., WOOD, S C/O, BROWN, C/O, NAUGHTON, Dr., LISA WALSH, W. MILLER, Sgt., CANDIS BROKWAY, ASHLY R., HICK-MOSES, GRIMMER, MAY, WEEKS and JOHNS, Dr. |
| DAVID C. THOMPSON |
| ISIDRO BACA, Warden, H. WICKHAM, Deputy Dir. of NDOC, COLLMAN, S C/O Mailroom Super, BRIAN WARD and SORICH, C/O |
| 21-16347 |
| August 17, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 11 Filed clerk order (Deputy Clerk: MF): It appears that the district courts judgment challenged in this appeal may not have disposed of the action as to all claims and all parties. The district courts order entered on August 8, 2021 adopted and accepted the magistrate judges report and recommendation to grant Defendant Sorichs motion for partial summary judgment with respect to the First Amendment legal mail claim in the First Amended Complaint, and directed the Clerk to enter judgment. The district court Clerk entered a judgment on August 9, 2021, which stated that the district court case was now closed. However, the May 11, 2021 magistrate judge report and recommendation adopted by the August 8, 2021 order noted that no motion for summary judgment had been filed on appellants First Amendment catalog claim and that defendant Sorich remained a defendant as to that claim. The district courts August 8, 2021 order also does not appear to include language directing entry of an immediately appealable judgment entered as to fewer than all claims or parties pursuant to Federal Rule of Civil Procedure 54(b). See Frank Briscoe Co., Inc. v. Morrison-Knudsen Co., Inc., 776 F.2d 1414, 1416 (9th Cir. 1985) (order disposing of fewer than all claims or parties is not appealable absent express determination from district court that there is no just reason for delay under Rule 54(b), Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties[.]). Within 21 days after the date of this order, appellant must show cause why this appeal should not be dismissed for lack of jurisdiction or remanded to the district court for further proceedings. See Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221 (9th Cir. 1981). If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. The Clerk will send a copy of this order to the District Judge. [12257767] (CKP) [Entered: 10/14/2021 04:08 PM] |
| Filing 10 Streamlined request by Appellant David C. Thompson to extend time to file the brief is not approved because it is unnecessary. The briefing schedule is stayed. See 9th Cir. R. 27-11. [12257332] (JN) [Entered: 10/14/2021 02:18 PM] |
| Filing 9 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner completed authorization fee order. [12227747] (CKP) [Entered: 09/14/2021 11:25 AM] |
| Filing 8 Sent Appellant a copy of the FRAP and Ninth Circuit rules in response to the Form 29 request filed on 09/10/2021. [12226556] (JR) [Entered: 09/13/2021 11:44 AM] |
| Filing 7 Filed Appellant David C. Thompson letter dated re: Form 29. Request for Docket Sheet, Document, or Rules. Paper filing deficiency: None. [12226499] (JFF) [Entered: 09/13/2021 11:22 AM] |
| Filing 6 Filed Appellant David C. Thompson motion to appoint counsel. Deficiencies: None. [12226493] (JFF) [Entered: 09/13/2021 11:19 AM] |
| Filing 5 Received PLRA authorization response from appellant. Dated 08/28/2021. [Case Number 21-16347: Partially Paid] [12226488] (JFF) [Entered: 09/13/2021 11:17 AM] |
| Filing 4 Attorneys Andrea M. Dominguez substituted by Attorneys Frank Anthony Toddre II [12214975] (JFF) [Entered: 08/30/2021 11:11 AM] |
| Filing 3 Filed (ECF) notice of appearance of Frank A. Toddre (The State of Nevada Attorney General's Office, 555 E. Washington Ave., Suite 3900, Las Vegas NV 89101) for Appellees Isidro Baca, Collman, Sorich, Brian Ward and H. Wickham. Substitution for Attorney Andrea M. Dominguez, Esquire for Appellees Isidro Baca, Collman, Sorich, Brian Ward and H. Wickham. Date of service: 08/30/2021. (Party was previously proceeding with counsel.) [12214558] [21-16347] (Toddre, Frank) [Entered: 08/30/2021 07:20 AM] |
| Filing 2 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner fee authorization form sent to prisoner. [12208094] (CKP) [Entered: 08/23/2021 08:34 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant David C. Thompson opening brief due 10/18/2021. Appellees Isidro Baca, Warden, Collman, Sorich, Brian Ward and H. Wickham answering brief due 11/18/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12203804] (RT) [Entered: 08/17/2021 01:28 PM] |
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