Benjamin Freeman v. State of Arizona, et al
| BENJAMIN FREEMAN |
| STATE OF ARIZONA, RUVACOBA, counselor at Manzanita unit, CHARLES L. RYAN, named as Charles Ryan, Director, ADC, B. ULIBARRI, contract paralegal ADOC, TORREZ, CO, WIPP coordinator, Santa Rita, REYES, CO III, counselor, Santa Rita, WILLIAMS, CO III, counselor, Manzanita Unit, FRISBY, CO IV, counselor, Manzanita unit, GIRON, Deputy Warden, Manzanita, MATTOS, Deputy Warden, Santa Rita, PHIL RIBY, chaplain, Tucson complex, COSBY, chaplain, Tucson, Santa Rita, VENALONZO, chaplain, Yuma complex, KIDWELL, chaplain, JEWELL, chaplain,Cheyenne Unit, HERMAN, chaplain, HERNANDEZ, CO II, Yuma complex, KOHLER, CO II, Yuma complex, UNKNOWN PARTIES, named as John Doe and Jane Doe Corizon Doctors, COVARRUBRAS, CO II, #10638, Yuma complex, OROZZO, CO II, #7062, Yuma, MCNATT, CO, Yuma, RAMOS, Warden, Tucson complex, PALMA, CO III, Santa Rita, QUENSADA, CO II, mail and property, Manzanita, FRAME, Sgt., mail and property, Tucson complex, EDWARDS, Sgt., mail and property, Santa Rita, JULIE SHUTE, Dr., PA, Santa Rita, KETTERING, PPS3, Santa Rita, BENJAMIN SCHMID, FHA, Tucson complex, EASLEY, Dr., acting doctor, Santa Rita, BURDIRIC, FHA, Tucson, WORKMAN, doctor, Manzanita, LORI JOHNSON, FHA, Yuma, BARKELEY, Dr., doctor, Yuma, FINDLY, C.O., Mail & Property, HAN, CO IV, counselor, Manzanita, LOPEZ, CO II, movement officer, Santa Rita, KEEFEE, Lt., Security Officer, BARRAZZA, CO IV, counselor, Santa Rita, PONZCHOCH, CO II, medical security officer, Santa Rita, UNKNOWN PARTIES, named as Jane Doe Pillcall Nurses, Santa Rita Unit, UNKNOWN PARTIES, named as Jane Doe Unit Nurses, Santa Rita and Manzanita Unit, UNKNOWN PARTY, named as John Doe Pillcall Nurse, Santa Rita Unit, UNKNOWN BRUNS, CO III, counselor, Manzanita unit, Tucson complex, MCPHERSON, CO, Manzanita unit, Tucson comple, PHELPS, Deputy Warden, Manzanita unit, SCANTA, CO, Mail & Property, UNKNOWN PARTY, named as Inspector #7, GARZA, named as #7425, Mail & Property, DAYTON, Sgt., Mail & Property, JULIA ERWIN, Legal Access Monitor, MACADORI, Deputy Warden, Santa Rita, KEEFE, Lt., CROMER, named as Nurse Cromer, VAN, named as COII van, OLS, named as Nurse Ols, SHUTE, named as Dr. Shute, GORHAM, named as COII Gorham, WESTFALL, named as COIV Westfall, CORRAL, named as COII Corral, BROOKHEART, named as COIV Brookheart and DAVID SHINN, Director |
| 21-16390 |
| August 25, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed clerk order (Deputy Clerk: DA): On September 28, 2021, this court issued an order staying appellate proceedings pending disposition of the August 13, 2021 motion in the district court. On September 29, 2021, the district court denied the motion and entered an amended judgment. Appellant filed an amended notice of appeal in this court on October 18, 2021. The stay order filed September 28, 2021, is lifted and this appeal shall proceed. A review of the district court docket reflects that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date. Consequently, appellants forma pauperis status continues in this court. Fed. R. App. P. 24(a). Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant must pay the full amount of the filing and docketing fees for this appeal when funds are available in appellants account. Consequently, within 21 days after the filing date of this order, appellant shall complete and file with this court the enclosed 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) and (e)(2). Appellant is not responsible for payment when the funds in appellants prison trust account total less than $10, but payments must resume when additional deposits are made or funds are otherwise available. If appellant fails to comply with this order, the appeal may be dismissed by the Clerk. See 9th Cir. R. 42-1. Consequently, within 21 days after the filing date of this order, appellant shall complete and file with this court the enclosed 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) and (e)(2). Appellant is not responsible for payment when the funds in appellants prison trust account total less than $10, but payments must resume when additional deposits are made or funds are otherwise available. If appellant fails to comply with this order, the appeal may be dismissed by the Clerk. See 9th Cir. R. 42-1. The opening brief is due December 13, 2021. The answering brief is due January 12, 2022. 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 The Clerk will serve this order and a prison authorization form on appellant. The Clerk will transmit a copy of appellants amended notice of appeal received by this court on October 18, 2021 (Docket Entry No. [ # 3 ] ) to the district court for filing pursuant to Federal Rule of Appellate Procedure 4(d). [12264342] (RT) [Entered: 10/21/2021 11:25 AM] |
| Filing 3 Received copy of amended notice of appeal from appellant. [12260888] (NAC) [Entered: 10/19/2021 07:32 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: DA): 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 August 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 August 13, 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. [12241238] (CKP) [Entered: 09/28/2021 10:29 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Benjamin Freeman opening brief due 10/22/2021. Appellees State of Arizona et al answering brief due 11/22/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12211357] (JPD) [Entered: 08/25/2021 01:19 PM] |
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