John Freitas v. Patrick McKinney, II, et al
| JOHN B. FREITAS |
| JUDGE PATRICK RICHARD MCKINNEY II, Superior Court of the State of California, Alameda County, COUNTY OF ALAMEDA and STATE OF CALIFORNIA |
| 21-17104 |
| December 21, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 11 Received copy of motion filed in district court re: appellant's desingation of record and issues on appeal. Motion filed by Appellant John B. Freitas. [12361397] (DJV) [Entered: 02/04/2022 03:03 PM] |
| Filing 10 Fee status changed ( [Case Number 21-17104: IFP Pending In COA] ). [12352812] (DJV) [Entered: 01/27/2022 06:44 AM] |
| Filing 9 Filed Appellant John B. Freitas response to court's order of 1/05/22 and motion for IFP . Served on 01/26/2022. [12352809] (DJV) [Entered: 01/27/2022 06:43 AM] |
| Filing 8 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. [12332094] (CKP) [Entered: 01/05/2022 01:05 PM] |
| Filing 7 Received copy of District Court order filed on 01/04/2022 case is dismissed and if aplt wishs to proceed In Forma Pauperis aplt may make that request to the appeals court . [12330378] (DJV) [Entered: 01/04/2022 10:12 AM] |
| Filing 6 Received copy of motion filed in district court re: for IFP. Motion filed by Appellant John B. Freitas. [12327226] (DJV) [Entered: 12/29/2021 02:05 PM] |
| Filing 5 Filed Appellant John B. Freitas letter dated 12/28/2021 re: designation of record ; addressed to USDC. Paper filing deficiency: None. [12327219] (DJV) [Entered: 12/29/2021 02:03 PM] |
| Filing 4 Fee status changed ( [Case Number 21-17104: Due] ). [12326995] (DJV) [Entered: 12/29/2021 11:21 AM] |
| Filing 3 Received copy of District Court order filed on 12/28/2021 denying motion to proceed In Forma Pauperis. [12326993] (DJV) [Entered: 12/29/2021 11:20 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. [12323009] (CKP) [Entered: 12/22/2021 12:49 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: Yes. The schedule is set as follows: Appellant John B. Freitas opening brief due 02/22/2022. [12322401] (JMR) [Entered: 12/21/2021 04:51 PM] |
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