Kevin Bryant v. Brian Kibler, et al
| KEVIN DARNELL BRYANT |
| BRIAN KIBLER, Warden, HDSP, KATHLEEN ALLISON, CDCR Secretary, JASON PICKETT, Chief Deputy Warden at HDSP, ROBERT PEERY, Associate Warden at HDSP, MARK WILLIAMS, A.W., MARK HUDSON, CROWE, Captain, CROTHER, Lieutenant, RIGLING, Sergeant and SILVA, Sergeant |
| 21-16635 |
| October 5, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 5 Filed clerk order (Deputy Clerk: MF): On November 18, 2021, the court dismissed this appeal for failure to prosecute because appellant had not returned a completed prisoner authorization form. See 9th Cir. R. 42-1. Appellant now moves to reinstate the appeal, but does not include a completed prisoner authorization form. The court therefore does not entertain the pending motion to reinstate (Docket Entry No. [ # 4 ]). This case remains closed.[12301716] (WL) [Entered: 11/30/2021 03:34 PM] |
| Filing 4 Filed Appellant Kevin Darnell Bryant motion to reinstate case after FRAP 42-1 dismissal. Deficiencies: None. [12300252] (JFF) [Entered: 11/29/2021 03:34 PM] |
| Filing 3 Filed order (Deputy Clerk: CKP) Motion to dismiss case for failure to prosecute (Cir. Rule 42-1). Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to respond to order. (Order dated 10/06/2021). This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [12292195] (CKP) [Entered: 11/18/2021 03:00 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The appeal filed October 1, 2021 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The briefing schedule shall be established as follows: appellants opening brief is due November 2, 2021. As there are no appearances for the appellees, briefing will be deemed completed upon the filing of appellants opening brief. The appeal and any motions pending at the time briefing is completed shall be referred to the next available motions panel for disposition. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). 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, appellant's 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 appellant's 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 appellant's 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 appellant's 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 $10.00, but payments must resume when additional deposits are made or funds are otherwise available. Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The Clerk will send a prisoner authorization form to appellant. [12249355] (CKP) [Entered: 10/06/2021 12:35 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Kevin Darnell Bryant opening brief due 11/30/2021. [12248157] (JPD) [Entered: 10/05/2021 02:35 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
