Antonio Gutierrez v. Steve Shelton, et al
| J. TAYLOR, STEVE SHELTON, Medical Director, Health Services Oregon Department of Corrections and GARTH GULICK |
| ANTONIO ALEJANDRO GUTIERREZ |
| 21-35158 |
| March 1, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 12 Filed Appellant Antonio Alejandro Gutierrez statement that appeal should go forward and for fees to be waived. Served on 04/12/2021. [12082152] (RL) [Entered: 04/21/2021 11:41 AM] |
| Filing 11 Sent Appellant a copy of the FRAP and Ninth Circuit rules in response to his Form 29 request filed on 04-06-2021. [12065898] (JR) [Entered: 04/06/2021 07:05 PM] |
| Filing 10 Filed Appellant Antonio Alejandro Gutierrez letter dated 03/31/2021 re: FORM 29 request for Rules book. Paper filing deficiency: None. [12065782] (RL) [Entered: 04/06/2021 04:44 PM] |
| Filing 9 Filed Appellant Antonio Alejandro Gutierrez motion to extend time to comply with the order dated 03/10/2021. Deficiencies: None. Served on 03/23/2021. [12057465] (QDL) [Entered: 03/29/2021 09:34 PM] |
| Filing 8 Attorney Michael R. Washington substituted by Attorney Denise Gale Fjordbeck. [12052271] (RL) [Entered: 03/24/2021 02:58 PM] |
| Filing 7 Filed (ECF) notice of appearance of Denise G. Fjordbeck (Oregon Department of Justice - Appellate Division, 1162 Court Street NE, Salem, Oregon 97301) for Appellees Garth Gulick, Steve Shelton and J. Taylor. Substitution for Attorney Michael R. Washington for Appellees Garth Gulick, Steve Shelton and J. Taylor. Date of service: 03/24/2021. (Party was previously proceeding with counsel.) [12052251] [21-35158] (Fjordbeck, Denise) [Entered: 03/24/2021 02:51 PM] |
| Filing 6 Filed Appellant Antonio Alejandro Gutierrez motion to waive fees and or reinstate in forma pauperis (IFP) status. Deficiencies: None. Served on 03/08/2021. [12042553] (RL) [Entered: 03/16/2021 10:05 AM] |
| Filing 5 Filed Appellant Antonio Alejandro Gutierrez letter dated 03/09/2021 re: The Motion to proceed IFP was also sent to appellee counsel. Paper filing deficiency: None. [12042541] (RL) [Entered: 03/16/2021 10:03 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: CO): 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. If the court dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). If appellant files a statement that the appeal should go forward, appellee may file a response within 10 days after service of appellants statement. 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. [12030291] (CKP) [Entered: 03/10/2021 02:01 AM] |
Filing 3
Received copy of District Court order filed on 03/03/2021 Order regarding Referral Notice 83 . Plaintiff's appeal is not taken in good faith and his IFP is revoked. Ordered by Judge Ann L. Aiken. **PRINT NEF ONLY** (Antonio Gutierrez, Prisoner ID: 5448026). [12022884] (RL) [Entered: 03/03/2021 12:02 PM]
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| 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. [12021525] (CKP) [Entered: 03/02/2021 12:27 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: Yes. The schedule is set as follows: Appellant Antonio Alejandro Gutierrez opening brief due 04/30/2021. Appellees Garth Gulick, Steve Shelton and J. Taylor answering brief due 06/01/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12019884] (JPD) [Entered: 03/01/2021 01:13 PM] |
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