David Smith-Garcia v. Edna Lara, et al
| DAVID SMITH-GARCIA, AKA David Garland Atwood II, AKA David Smith |
| EDNA LARA, named as Mrs. Edna Lara, Unit Manager, S. SMITH, named as Mrs. S. Smith, D-Unit Correctional Counselor, DAVID HUBAND, named as Mr. David Huband, FCI Phoenix Supervisory Attorney, CLAY COOK, named as Mr. Clay Cook, FCI Phoenix Supervisory Attorney and ARCHULETA, named as Mr. Archuleta, Physician's Assistant |
| 21-16818 |
| October 28, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on December 21, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 Filed Appellant David Smith-Garcia motion requesting copy of recond on appeal. Deficiencies: None. [12324304] (RR) [Entered: 12/23/2021 03:08 PM] |
| Filing 14 Sent Appellant a copy of the docket sheet in response to the letter of inquiry filed on 12/03/2021. [12305279] (JR) [Entered: 12/03/2021 02:32 PM] |
| Filing 13 Filed Appellant David Smith-Garcia letter dated 11/29/2021 re: has the court received documents that were mailed to the court.. Paper filing deficiency: None. [12305057] (RR) [Entered: 12/03/2021 12:49 PM] |
| Filing 12 Filed Appellant David Smith-Garcia statement why appeal so go forward. [12297289] (RR) [Entered: 11/23/2021 06:28 PM] |
| Filing 11 Filed Appellant David Smith-Garcia motion to appoint counsel. Deficiencies: None. [12297288] (RR) [Entered: 11/23/2021 06:24 PM] |
| Filing 10 Filed Appellant David Smith-Garcia motion to proceed In Forma Pauperis. Deficiencies: None. [12297284] (RR) [Entered: 11/23/2021 06:19 PM] |
| Filing 9 Filed Appellant David Smith-Garcia motion to proceed In Forma Pauperis. Deficiencies: None. [12291875] (RR) [Entered: 11/18/2021 01:26 PM] |
| Filing 8 Filed Appellant David Smith-Garcia motion to appoint counsel. Deficiencies: None. [12291869] (RR) [Entered: 11/18/2021 01:25 PM] |
| Filing 7 Received original and 0 copies of Appellant David Smith-Garcia opening brief of 15 pages (Informal: No). Served on 11/15/2021. Served by Court via CM/ECF. Major deficiency: briefing is stayed. [12287516] (KT) [Entered: 11/15/2021 02:28 PM] |
| Filing 6 Filed Appellant David Smith-Garcia motion for summary disposition. Deficiencies: None. [12283455] (RR) [Entered: 11/09/2021 04:31 PM] |
| Filing 5 Received copy of amended notice of appeal from district court. [12280445] (RR) [Entered: 11/05/2021 06:36 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 frivolous and 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. If the court dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). 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. [12276957] (CKP) [Entered: 11/03/2021 11:03 AM] |
| Filing 3 Received copy of District Court order filed on 11/02/2021. IT IS ORDERED Plaintiffs appeal is frivolous and therefore not taken in good faith. IT IS FURTHER ORDERED Plaintiffs in forma pauperis status for this case is revoked. IT IS FURTHER ORDERED this case shall remain closed. [12276422] (RR) [Entered: 11/02/2021 04:34 PM] |
| 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. [12273288] (CKP) [Entered: 10/29/2021 03:28 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT & NO APPEARANCE FOR APPELLEE. SEND MQ: No. The schedule is set as follows: Appellant David Smith-Garcia opening brief due 12/27/2021. [12272097] (OC) [Entered: 10/28/2021 03:00 PM] |
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| Plaintiff / appellant: DAVID SMITH-GARCIA, AKA David Garland Atwood II, AKA David Smith | |
| Represented By: | David Smith-Garcia |
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| Defendant / appellee: EDNA LARA, named as Mrs. Edna Lara, Unit Manager | |
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| Defendant / appellee: S. SMITH, named as Mrs. S. Smith, D-Unit Correctional Counselor | |
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| Defendant / appellee: DAVID HUBAND, named as Mr. David Huband, FCI Phoenix Supervisory Attorney | |
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| Defendant / appellee: CLAY COOK, named as Mr. Clay Cook, FCI Phoenix Supervisory Attorney | |
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| Defendant / appellee: ARCHULETA, named as Mr. Archuleta, Physician's Assistant | |
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