Gary Easley v. Kaiser Hospital, et al
| GARY D. EASLEY |
| KAISER HOSPITAL, SANTA CLARA COUNTY VALLEY MEDICAL CENTER, WALGREENS, INC., RITE AID CORPORATION, UNITED STATES OF AMERICA and STATE OF CALIFORNIA |
| 21-16655 |
| October 7, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 14 MANDATE ISSUED. (JSB, ADH and RDN) [12496887] (QDL) [Entered: 07/19/2022 08:22 AM] |
| Filing 13 Filed order (JAY S. BYBEE, ANDREW D. HURWITZ and RYAN D. NELSON) The district court has certified that this appeal is not taken in good faith and has revoked appellants in forma pauperis status. See 28 U.S.C. 1915(a). On October 28, 2021, this court ordered appellant to explain in writing why this appeal should not be dismissed as frivolous. See 28 U.S.C. 1915(e)(2) (court shall dismiss case at any time, if court determines it is frivolous or malicious). Upon a review of the record and the responses to the courts October 28, 2021 order, we conclude this appeal is frivolous. We therefore dismiss this appeal as frivolous, pursuant to 28 U.S.C. 1915(e)(2). All pending motions are denied as moot. No further filings will be entertained in this closed case. DISMISSED. [12458313] (OC) [Entered: 05/27/2022 11:42 AM] |
| Filing 12 Filed Appellant Mr. Gary D. Easley unable to proceed at this time with case. Deficiencies: None. Served on 04/01/2022. [12413408] (RL) [Entered: 04/05/2022 04:27 PM] |
| Filing 11 Filed Appellant Mr. Gary D. Easley notice of sudden attack captured on film requiring further extension of time. Dated 03/01/2022. Paper filing deficiency: None. [12388486] (RL) [Entered: 03/07/2022 04:12 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: DA): Appellants motion for a third extension of time [ # 9 ] to respond to this courts October 28, 2021 order is granted. Appellant shall file a response on or before March 15, 2022. If appellant does not file a timely response, the court may dismiss this appeal as frivolous, without further notice or opportunity to respond. Any determination of whether the appeal is frivolous will be based on the record and appellants prior filings in this docket, and appellants statement, if any, in response to this order. Briefing remains stayed pending further order of the court. [12376992] (CKP) [Entered: 02/22/2022 04:35 PM] |
| Filing 9 Filed Appellant Mr. Gary D. Easley application for 3rd extension of timefor which to file the opening brief; notice of intent to file subpoena. Deficiencies: None. Served on 02/10/2022. [12371053] (RL) [Entered: 02/15/2022 02:17 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: DA): Appellants motion for an extension of time [ # 7 ] is construed as a second motion for an extension of time to respond to this courts October 28, 2021 order and is granted. Appellant must file a response on or before February 10, 2022. Failure to comply with this order will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute under Ninth Circuit Rule 42-1. Briefing remains stayed pending further order of the court. The Clerk will send appellant a copy of the October 28, 2021 order along with this order. [12336468] (CKP) [Entered: 01/10/2022 04:09 PM] |
| Filing 7 Filed Appellant Mr. Gary D. Easley application for extension of time. Deficiencies: None. Served on 01/03/2022. [12334468] (RL) [Entered: 01/07/2022 01:38 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: JW): Appellants motion for an extension of time [ # 5 ] to respond to this courts October 28, 2021 order is granted. Appellant shall file a response on or before January 3, 2022. Appellants response should include a statement explaining why the appeal is not frivolous and should go forward. If appellant files a statement why the appeal should go forward, appellant must also file in this court a motion to proceed in forma pauperis, OR (2) pay to the district court $505.00 for the filing and docketing fees for this appeal AND file in this court proof that the $505.00 was paid. Failure to comply with this order shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute under Ninth Circuit Rule 42-1. Briefing is stayed pending further order of the court. [12305262] (CKP) [Entered: 12/03/2021 02:26 PM] |
| Filing 5 Filed Appellant Mr. Gary D. Easley application for streamlined extension of time to file appellants IFP packet. Deficiencies: None. Served on 11/24/2021. [12301563] (RL) [Entered: 11/30/2021 02:32 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: JW): A review of the district courts docket reflects that the district court has certified that this appeal is not taken in good faith and has revoked appellants in forma pauperis status. See 28 U.S.C. 1915(a). This court may dismiss a case at any time, if the court determines the case is frivolous. See 28 U.S.C. 1915(e)(2). Within 35 days after the date of this order, appellant must: (1) file a motion to dismiss this appeal, see Fed. R. App. P. 42(b), or (2) file a statement explaining why the appeal is not frivolous and should go forward. If appellant files a statement that the appeal should go forward, appellant also must: (1) file in this court a motion to proceed in forma pauperis, OR (2) pay to the district court $505.00 for the filing and docketing fees for this appeal AND file in this court proof that the $505.00 was paid. If appellant does not respond to this order, the Clerk will dismiss this appeal for failure to prosecute, without further notice. See 9th Cir. R. 42-1. If appellant files a motion to dismiss the appeal, the Clerk will dismiss this appeal, pursuant to Federal Rule of Appellate Procedure 42(b). If appellant submits any response to this order other than a motion to dismiss the appeal, the court may dismiss this appeal as frivolous, without further notice. The briefing schedule for this appeal is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, (2) a form statement that the appeal should go forward, and (3) a Form 4 financial affidavit. Appellant may use the enclosed forms for any motion to dismiss the appeal, statement that the appeal should go forward, and/or motion to proceed in forma pauperis. [12271914] (CKP) [Entered: 10/28/2021 01:50 PM] |
| Filing 3 Received copy of District Court order filed on 10/25/2021ORDER revoking in forma pauperis status. For the foregoing reasons, Plaintiffs in forma pauperis status is REVOKED on appeal. IT IS SO ORDERED. [12271489] (RL) [Entered: 10/28/2021 10:57 AM] |
| Filing 2 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12260046] (CKP) [Entered: 10/18/2021 01:45 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 Gary D. Easley opening brief due 12/06/2021. [12251184] (JPD) [Entered: 10/07/2021 02:52 PM] |
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