Stephen Kelly v. Clint Pullman, et al
| LEWIS AND CLARK COUNTY SHERIFF'S OFFICE, CLINT PULLMAN and LEWIS AND CLARK COUNTY |
| STEPHEN P. KELLY |
| 21-35181 |
| March 10, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 5 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 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 motion to proceed in forma pauperis will be addressed after appellant files a response to this order. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, and (2) a form statement that the appeal should go forward. Appellant may use the enclosed forms for any motion to dismiss the appeal or statement that the appeal should go forward. [12066766] (CKP) [Entered: 04/07/2021 02:39 PM] |
| Filing 4 Filed Appellant Stephen P. Kelly motion to proceed In Forma Pauperis. Deficiencies: None. Served on 03/30/2021. [12064224] (QDL) [Entered: 04/05/2021 04:46 PM] |
| Filing 3 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12039848] (CKP) [Entered: 03/12/2021 02:36 PM] |
| Filing 2 Fee status changed ( [Case Number 21-35181: IFP] ). [12039844] (CKP) [Entered: 03/12/2021 02:36 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 Stephen P. Kelly opening brief due 05/11/2021. [12031333] (RT) [Entered: 03/10/2021 03:53 PM] |
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