Antony Murrell v. Julia Erwin, et al
| CITY OF PHOENIX, CITY OF SCOTTSDALE, CITY OF MESA, MARICOPA COUNTY, MARICOPA COUNTY SUPERIOR COURT, CHENIQUE J. SCOTT, CHRIS PHILLIS, MICHAEL E. GOTTFRIED, DAVID SHINN, Director, ROBERTO KEPNEY, COURTNEY GLYNN, PATRICK O'BRIEN, TIMOTHY HONEYBONE, ADAM MOORE, ALBERT WALKER, M. CARLUCCI and M. MICCI, Mesa Police Officer |
| ANTONY T. MURRELL |
| JULIA ERWIN, Legal Access Monitor, JOSE RAMOS, Sgt., BETTY ULLIBARRI, Paralegal, TRAVIS PINNEY, Librarian, RENE GARCIA, Mail & Property, MIGUEL MANZANO, Sgt., NORMA RUBIO, Capt., BETTY ULIBARRI, Paralegal and DIANE BOHUSZWICZ |
| 21-16650 |
| October 7, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 1, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 41 Filed clerk order (Deputy Clerk: AT): On April 20, 2022, the court denied appellants motion for appointment of counsel and ordered appellant to file an opening brief no later than June 15, 2022. The April 20, 2022 order was returned to the court as undeliverable. Appellant did not file the opening brief, and on July 21, 2022, the court dismissed this appeal for failure to prosecute. See 9th Cir. R. 42-1. Appellant now files a motion to consolidate and a second request for appointment of counsel, but appellant does not include the opening brief or a request to reinstate the appeal. The court therefore does not entertain the pending motion (Docket Entry No. [ # 40 ]). This case remains closed. [12665269] (OC) [Entered: 03/01/2023 03:20 PM] |
| Filing 40 Filed Appellant Antony T. Murrell motion to request that motion to consolidate and appoitnment of counsel shall be granted. Deficiencies: Case closed. Served on 01/30/2023. [12645080] (RL) [Entered: 02/02/2023 02:40 PM] |
| Filing 39 Received notice of change of address dated from Antony T. Murrell. New address: 4221 East McDowell Road, #1063, Phoenix, AZ 85008. [12645024] [22-15128, 22-15129, 21-16650, 22-15127, 21-16885, 20-17439] (HH) [Entered: 02/02/2023 02:17 PM] |
| Filing 38 Mail returned on 08/05/2022 addressed to Antony T. Murrell, re: [ # 37 ] Dispositive Order. Returned envelope notes: return to sender, attempted - not known, unable to forward. Sending to case files, no forwarding address found. [12511230] (DR) [Entered: 08/07/2022 10:43 AM] |
| Filing 38 Mail returned on 08/05/2022 addressed to Antony T. Murrell, re: [ # 37 ] Dispositive Order. Returned envelope notes: return to sender, attempted - not known, unable to forward. Sending to case files, no forwarding address found. [12511230] (DR) [Entered: 08/07/2022 10:43 AM] |
| Filing 37 Filed order (Deputy Clerk: DR) Dismissing case for failure to prosecute (Cir. Rule 42-1) Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to file opening brief. This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [12499392] (DR) [Entered: 07/21/2022 02:50 PM] |
| Filing 36 Mail returned on 05/03/2022 addressed to Antony T. Murrell, re: [ # 35 ] Order. Returned envelope notes: Return to sender, vacant, unable to forward. Resending to: case files, no forwarding address found [12438496] (JBS) [Entered: 05/04/2022 03:56 PM] |
| Filing 35 Filed order (RICHARD A. PAEZ and PAUL J. WATFORD) The court, in its discretion, denies appellants motions for appointment of pro bono counsel (Docket Entry Nos. [ # 11 ] and [ # 21 ]). Appellants motion for injunctive relief (Docket Entry No. [ # 24 ]) is denied. Appellants motions to consolidate this appeal with other appeals or cases (Docket Entry Nos. [ # 12 ], [ # 15 ], [ # 19 ], [ # 20 ], and [ # 23 ]) are denied. Appellants motion for an extension of time to file a reply in support of his motion to consolidate (Docket Entry No. [ # 22 ]) is denied. The opening brief is due June 15, 2022. The answering brief is due July 15, 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 id. [12426971] (OC) [Entered: 04/20/2022 04:17 PM] |
| Filing 34 Mail returned on 04/08/2022 addressed to Antony T. Murrell, re: [ # 26 ] Clerk Order. Returned envelope notes: return to sender, vacant, unable to forward. Resending to: case files; no forwarding address found. [12417666] (LA) [Entered: 04/11/2022 03:03 PM] |
| Filing 33 Filed Appellant Antony T. Murrell document titled Reply to Response to motion to Consolidate. Dated 03/20/2022. Paper filing deficiency: None. (Notice of change of address: #280653, ASPC Yuma La Paz, 6A, 42 Low, PO Box 8909, San Luis, AZ 85349) [12410227] (RL) [Entered: 03/31/2022 04:20 PM] |
| Filing 32 Mail returned on 03/24/2022 addressed to Antony T. Murrell, re: [ # 26 ] Clerk Order. Returned envelope notes: released, return to sender, refused. Resending to: 2546 West Orangewood Ave., Phoenix, AZ 85051. [12406062] (LA) [Entered: 03/28/2022 11:21 AM] |
| Filing 31 Received notice of change of address dated 02/27/2022 from Antony T. Murrell. New address: 2546 West Orange Wood Ave., Phoenix, AZ 85051. [12394443]--[Edited: address updated. 03/14/2022 by SLM] (RL) [Entered: 03/14/2022 04:42 PM] |
| Filing 30 Terminated Roger W. Hall for Betty Ulibarri, Norma Rubio, Jose Ramos, Travis Pinney, Miguel Manzano, Rene Garcia, Julia Erwin and Diane Bohuszwicz. [12393423] (RL) [Entered: 03/14/2022 09:40 AM] |
| Filing 29 Filed (ECF) Appellees Julia Erwin, Rene Garcia, Miguel Manzano, Travis Pinney, Jose Ramos, Norma Rubio and Betty Ulibarri response to motion ([ # 24 ] Party Motion). Date of service: 03/14/2022. [12393262] [21-16650] (Banes, Rebecca) [Entered: 03/14/2022 08:41 AM] |
| Filing 28 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Roger W. Hall, Esquire for Appellees Diane Bohuszwicz, Julia Erwin, Rene Garcia, Miguel Manzano, Travis Pinney, Jose Ramos, Norma Rubio and Betty Ulibarri. Party proceeding without counsel: No. Date of service: 03/14/2022. [12393230] [21-16650] (Banes, Rebecca) [Entered: 03/14/2022 08:28 AM] |
| Filing 27 Mail returned on 03/11/2022 addressed to Anthony T. Murrell, re: streamlined request by appellant to extend time to file brief. Returned envelope notes: return to sender reason - Released. Note: see DE [39]. Resending to: case files [12393059] [20-17439, 21-16650, 21-16885, 22-15127] (DR) [Entered: 03/13/2022 12:20 PM] |
| Filing 26 Filed clerk order (Deputy Clerk: AT): The Arizona Department of Corrections Inmate Datasearch shows that appellant was released from custody on February 18, 2022. Appellant has not, however, updated his address with the court as required by Ninth Circuit Rule 46-3. Within 21 days after the date of this order, appellant must provide an updated address for service as required by Ninth Circuit Rule 46-3. Failure to provide an address for service as required by Ninth Circuit Rule 46-3 will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. Briefing remains stayed pending resolution of this order and all pending motions. [12391873] (OC) [Entered: 03/10/2022 02:35 PM] |
| Filing 25 Filed (ECF) Appellees Julia Erwin, Rene Garcia, Miguel Manzano, Travis Pinney, Jose Ramos, Norma Rubio and Betty Ulibarri response to motion ([ # 24 ] Party Motion). Date of service: 03/04/2022. [12386754] [21-16650] (Banes, Rebecca) [Entered: 03/04/2022 02:47 PM] |
| Filing 24 Filed Appellant Antony T. Murrell motion for a injunctive relief. Deficiencies: None. Served on 02/10/2022. [12380506] (RL) [Entered: 02/25/2022 02:32 PM] |
| Filing 23 Filed Appellant Antony T. Murrell in 22-15129, 20-17439, 21-16650 motion to consolidate all cases and have only one case number. Deficiencies: None. [12380335] [22-15129, 21-16650, 20-17439] (RR) [Entered: 02/25/2022 01:20 PM] |
| Filing 22 Filed Appellant Antony T. Murrell motion for extension to reply to response t oconsolidate. Deficiencies: None. Served on 02/16/2022. [12377048] (RL) [Entered: 02/22/2022 04:53 PM] |
| Filing 21 Filed Appellant Antony T. Murrell addendum to motionto appoint indigent inmate an attorney. Dated 02/04/2022. Paper filing deficiency: None. [12370450] (RL) [Entered: 02/15/2022 09:27 AM] |
| Filing 20 Filed Appellant Antony T. Murrell motion to consolidate case number 21-16885, 21-16650, 20-17439, 22-15127. Deficiencies: None [12370295] [21-16885, 21-16650, 20-17439, 22-15127] (NAC) [Entered: 02/15/2022 07:28 AM] |
| Filing 19 Filed Appellant Antony T. Murrell addendum to motion to consolidate. Dated 02/04/2022. Paper filing deficiency: None. [12369968] (RL) [Entered: 02/14/2022 04:05 PM] |
| Filing 18 Streamlined request by Appellant Antony T. Murrell in 20-17439, 21-16650, 21-16885, 22-15127 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. [12369934] [20-17439, 21-16650, 21-16885, 22-15127] (JN) [Entered: 02/14/2022 03:53 PM] |
| Filing 17 Added Attorney(s) Rebecca Ann Banes for party(s) Appellee Rene Garcia Appellee Norma Rubio Appellee Jose Ramos Appellee Julia Erwin Appellee Miguel Manzano Appellee Travis Pinney Appellee Betty Ulibarri. [12366290] (RL) [Entered: 02/10/2022 11:29 AM] |
| Filing 16 Filed (ECF) notice of appearance of Rebecca Banes (Arizona Attorney General's Office 2005 N. Central Ave. Phoenix, AZ 85004) for Appellees Julia Erwin, Rene Garcia, Miguel Manzano, Travis Pinney, Jose Ramos, Norma Rubio and Betty Ulibarri. Date of service: 02/10/2022. (Party was previously proceeding with counsel.) [12366258] [21-16650] (Banes, Rebecca) [Entered: 02/10/2022 11:15 AM] |
| Filing 15 Filed Appellant Antony T. Murrell in 22-15127 motion to consolidate case number21-16650. Deficiencies: None. [12363629] [22-15127, 21-16650] (RR) [Entered: 02/08/2022 09:45 AM] |
| Filing 14 COURT CORRECTION: Entered appearance of Appellee Diane Bohuszwicz. [12360462] (SLM) [Entered: 02/03/2022 04:15 PM] |
| Filing 13 Filed (ECF) Appellees Julia Erwin, Rene Garcia, Miguel Manzano, Travis Pinney, Jose Ramos, Norma Rubio and Betty Ullibarri response to motion ([ # 12 ] Party Motion). Date of service: 02/03/2022. [12360395] [21-16650] (Hall, Roger) [Entered: 02/03/2022 03:57 PM] |
| Filing 12 Filed Appellant Antony T. Murrell motion to consolidate. Deficiencies: None. Served on 01/08/2022. [12349494] (RL) [Entered: 01/24/2022 04:20 PM] |
| Filing 11 Filed Appellant Antony T. Murrell motion to appoint indigent inmate an attorney. Deficiencies: None. Served on 01/08/2022. [12349480] (RL) [Entered: 01/24/2022 04:16 PM] |
| Filing 10 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner completed authorization fee order. [12330566] (CKP) [Entered: 01/04/2022 11:26 AM] |
| Filing 9 Received PLRA authorization response from appellant. Dated 12/21/2021. [Case Number 21-16650: Partially Paid] [12330258] (DJV) [Entered: 01/04/2022 09:11 AM] |
| Filing 8 ENTRY UPDATED. Filed Appellant Antony T. Murrell request for prisoner authorization form (formatted on FORM 28). Deficiencies: None. Served on 12/06/2021. (sent copy of 11/10/21 order & prisoner authorization form) [12317216] [12317216]--[Edited 12/15/2021 by RL] (RL) [Entered: 12/15/2021 04:29 PM] |
| Filing 7 Mail returned on 11/26/2021 addressed to Antony T. Murrell, re: [ # 5 ] Order. Returned envelope notes: Return to sender, forward to ASPC-Yuma. Resending to: ASPC - ARIZONA STATE PRISON COMPLEX (YUMA) Cibola Unit P.O. Box 8909 San Luis, AZ 85349 [12302137] (JBS) [Entered: 12/01/2021 09:12 AM] |
| Filing 6 ENTRY UPDATED. ORIGINAL TEXT: Received notice of change of address dated 11/12/2021 from Antony T. Murrell. New address: 280653, ASPC-Yuma, 7C37Low, PO Box 8909, San Luis, AZ 85349. [12299507] [12299507]--[Edited 11/29/2021 by RL] (RL) [Entered: 11/29/2021 11:21 AM] |
| Filing 5 Filed order (Appellate Commissioner): Appellants motions to proceed in forma pauperis (Docket Entry No. [ # 3 ] & [ # 4 ]) are 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 of this order, appellant must 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 will dismiss this appeal for failure to prosecute. See 9th Cir. R. 42-1. The opening brief is due December 15, 2021. The answering brief is due January 14, 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 id. The Clerk will serve this order and a prisoner authorization form on appellant. (MOATT) [12284821] (OC) [Entered: 11/10/2021 04:43 PM] |
| Filing 4 Filed Appellant Antony T. Murrell addendum to FORM 4 motion and affidavit for permission to proceed in forma pauperis. Dated 10/20/2021. Paper filing deficiency: None. [12269053] (RL) [Entered: 10/26/2021 12:00 PM] |
| Filing 3 Filed Appellant Antony T. Murrell FORM 14 motion and affidavit for permission to proceed in forma pauperis. Deficiencies: None. Served on 10/14/2021. [12262607] (RL) [Entered: 10/20/2021 10:26 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [12257866] (CKP) [Entered: 10/14/2021 04:51 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Antony T. Murrell opening brief due 12/10/2021. Appellees Julia Erwin, Rene Garcia, Miguel Manzano, Travis Pinney, Jose Ramos, Norma Rubio and Betty Ullibarri answering brief due 01/10/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12250581] (RT) [Entered: 10/07/2021 10:59 AM] |
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.
