Robert Emery, Jr. v. Mark Nooth, et al
| A. EYNON, Grievance Coordinator, TRCI, MARK NOOTH, Eastside Institutions Administator, Oregon Department of Corrections (ODOC), HEEHN, Captain; Security Operations, TRCI, S. RHODES, TRCI, JOHNSTON, RN; Medical Manager, TRCI, MICHAEL GOWER, Assistant Director of Corrections, ( ODOC), ARCHER, Supervisor of Security Operations, TRCI, RICHARD POWELSON, Behavioral Health Services Manager (BHS), TRCI, K. JACKSON, TRCI Assistant Superintendent, Security, R. YOUNG, TRCI, Administrative Lieutenant and TROY BOWSER, Warden, Two Rivers Correctional Institution(TRCI |
| ROBERT LEE EMERY, Jr. |
| 21-35278 |
| April 12, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 25 Filed original and 7 copies of Appellant Robert Lee Emery, Jr. opening brief of 12 pages (Informal: Yes). Served on 04/21/2021. [12136416] (KWG) [Entered: 06/07/2021 03:47 PM] |
| Filing 24 Filed order (BARRY G. SILVERMAN and JACQUELINE H. NGUYEN) A review of the district court docket reveals that, on May 17, 2021, the filing and docketing fees for this appeal were paid. Accordingly, this appeal shall proceed. Appellants motion for appointment of counsel (Docket Entry No. [ # 5 ]) is denied. No motions for reconsideration, clarification, or modification of this denial shall be filed or entertained. Appellants motion to expedite this appeal (Docket Entry No. [ # 6 ]) is denied. The Clerk will file the opening brief received on April 27, 2021 (Docket Entry No. [ # 9 ]). The answering brief is due July 12, 2021. The optional reply brief is due within 21 days after service of the answering brief. If appellant does not file excerpts of record, appellees must file Supplemental Excerpts of Record that contain all of the documents that are cited in the pro se opening brief or otherwise required by Rule 30-1.4, as well as the documents that are cited in the answering brief. See 9th Cir. R. 30-1.3. [12136055] (JMR) [Entered: 06/07/2021 02:05 PM] |
| Filing 23 Filed Appellant Robert Lee Emery, Jr. letter dated re: questions on case. Paper filing deficiency: None. [12128296] (JFF) [Entered: 05/28/2021 02:22 PM] |
| Filing 22 Filed Appellant Robert Lee Emery, Jr. letter dated re: payment of docket fee. Paper filing deficiency: None. [12124986] (JFF) [Entered: 05/26/2021 09:47 AM] |
| Filing 21 Filed order MEDIATION (JW): This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [12120066] (JMR) [Entered: 05/20/2021 03:57 PM] |
| Filing 20 Filed Appellant Robert Lee Emery, Jr. letter dated re: Declaration. Paper filing deficiency: None. [12119255] (JFF) [Entered: 05/20/2021 09:51 AM] |
| Filing 19 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 05/17/2021. [12118252] (RT) [Entered: 05/19/2021 01:33 PM] |
| Filing 18 Filed clerk order (Deputy Clerk: DA): The court has received appellants letter dated May 3, 2021 regarding his prisoner identification number. The Clerk will send appellant a copy of this courts public docket which reflects both appellants current Oregon State prisoner identification number, and his prior California prisoner identification number. Appellants request for an extension of time to pay the filing and docketing fees for this appeal is granted (Docket Entry No. [ # 17 ]). Within 35 days after the date of this order, appellant shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. All other pending motions will be addressed by separate order. Briefing is stayed pending disposition of appellants motion for appointment of counsel. See 9th Cir. R. 27-11(a)(6). [12118175] --[Edited: Updated docket text to correct hyperlink. 05/19/2021 by TYL] (CKP) [Entered: 05/19/2021 12:51 PM] |
| Filing 17 Filed Appellant Robert Lee Emery, Jr. motion to extend time. Deficiencies: None. [12107015] (JFF) [Entered: 05/10/2021 09:11 AM] |
| Filing 16 Filed Appellant Robert Lee Emery, Jr. letter dated re: I.D Number. Paper filing deficiency: None. [12107001] (JFF) [Entered: 05/10/2021 09:04 AM] |
| Filing 15 Filed order MEDIATION (JW): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. As part of a pilot project, the Mediation Program is exploring settlement potential in some cases in which one party is proceeding pro se (representing themselves without the assistance of an attorney). This case is being included in the pilot project. By May 25, 2021, the parties are requested to inform the Circuit Mediator in writing whether the issues on appeal or the underlying dispute might be appropriate for settlement discussions. The written response to this order and all future written or spoken communication with the mediator are strictly confidential mediation communications protected by Ninth Circuit Rule 33-1 and cannot be disclosed outside the mediation process. The written response to this order should not be filed with the court; instead, the response should be sent directly to the Circuit Mediator by email (Jonathan_Westen@ca9.uscourts.gov) or mail (Jonathan Westen, Circuit Mediation Office, U.S. Court of Appeals for the Ninth Circuit, James R. Browning United States Courthouse, P.O. Box 193939, San Francisco, CA 94119-3939). More detailed information about the Mediation Program and its procedures are included in the attachment to this order and on the Mediation Program web site (www.ca9.uscourts.gov/mediation). The existing briefing schedule remains in effect. [12103700] (JMR) [Entered: 05/05/2021 04:31 PM] |
| Filing 14 Attorneys Denise Gale Fjordbeck, substituted by Attorneys Jeff Payne [12098183] (JFF) [Entered: 04/30/2021 12:03 PM] |
| Filing 13 Filed (ECF) notice of appearance of Jeff J. Payne (Oregon Department of Justice - Appellate Division, 1162 Court Street NE, Salem, Oregon 97301) for Appellees Archer, Troy Bowser, A. Eynon, Michael Gower, Heehn, K. Jackson, Johnston, Mark Nooth, Richard Powelson, S. Rhodes and R. Young. Substitution for Attorney Ms. Denise Gale Fjordbeck for Appellees Archer, Troy Bowser, A. Eynon, Michael Gower, Heehn, K. Jackson, Johnston, Mark Nooth, Richard Powelson, S. Rhodes and R. Young. Date of service: 04/30/2021. (Party was previously proceeding with counsel.) [12097801] [21-35278] (Payne, Jeff) [Entered: 04/30/2021 09:24 AM] |
| Filing 12 Sent Appellant a copy of the Case Opening Packet in response to his letter of request filed on 04/27/2021. [12089078] (JR) [Entered: 04/27/2021 04:29 PM] |
| Filing 11 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [12088965] (CKP) [Entered: 04/27/2021 03:33 PM] |
| Filing 10 Filed Appellant Robert Lee Emery, Jr. letter dated re: request Case Opening Packet. Paper filing deficiency: None. [12088897] (JFF) [Entered: 04/27/2021 03:08 PM] |
| Filing 9 Received original and 7 copies of Appellant Robert Lee Emery, Jr. opening brief of 12 pages (Informal: Yes). Served on 04/21/2021. Major deficiency: briefing is stayed (IFP and appointment of counsel motions pending). [12087977] (KWG) [Entered: 04/27/2021 09:43 AM] |
| Filing 8 Sent Appellant a copy of the docket sheet and the FRAP and Ninth Circuit rules in response to his Form 29 request filed on 04/26/2021. [12087402] (JR) [Entered: 04/26/2021 04:53 PM] |
| Filing 7 Filed Appellant Robert Lee Emery, Jr. letter dated 04/21/2021 re: Request for Rules Book & docket sheet. Paper filing deficiency: None. [12087372] (RL) [Entered: 04/26/2021 04:40 PM] |
| Filing 6 Filed Appellant Robert Lee Emery, Jr. FORM 27 motion for expedited appeal due to medical emergency. Deficiencies: None. Served on 04/21/2021. [12087368] (RL) [Entered: 04/26/2021 04:39 PM] |
| Filing 5 Filed Appellant Robert Lee Emery, Jr. FORM 24 motion for appointment of counsel. Deficiencies: None. Served on 04/21/2021. [12087358] (RL) [Entered: 04/26/2021 04:37 PM] |
| Filing 4 Filed Appellant Robert Lee Emery, Jr. letter re: Do I need to pay $505 filing fee. Paper filing deficiency: None. [12087356] (RL) [Entered: 04/26/2021 04:36 PM] |
| Filing 3 Attorney Andrew Hallman in 21-35278 substituted by Attorney Denise Gale Fjordbeck in 21-35278 [12084174] (QDL) [Entered: 04/22/2021 04:21 PM] |
| Filing 2 Filed (ECF) notice of appearance of Denise G. Fjordbeck (Oregon Department of Justice - Appellate Division, 1162 Court Street, NE, Salem, Oregon 97301) for Appellees Archer, Troy Bowser, A. Eynon, Michael Gower, Heehn, K. Jackson, Johnston, Mark Nooth, Richard Powelson, S. Rhodes and R. Young. Substitution for Attorney Andrew Hallman for Appellees Archer, Troy Bowser, A. Eynon, Michael Gower, Heehn, K. Jackson, Johnston, Mark Nooth, Richard Powelson, S. Rhodes and R. Young. Date of service: 04/22/2021. (Party was previously proceeding with counsel.) [12083904] [21-35278] (Fjordbeck, Denise) [Entered: 04/22/2021 02:40 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Robert Lee Emery Jr. opening brief due 06/11/2021. Appellees Archer, Troy Bowser, Warden, A. Eynon, Michael Gower, Heehn, K. Jackson, Johnston, Mark Nooth, Richard Powelson, S. Rhodes and R. Young answering brief due 07/12/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12071351] (JMR) [Entered: 04/12/2021 03:59 PM] |
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| Defendant / appellee: A. EYNON, Grievance Coordinator, TRCI | |
| Represented By: | Andrew Hallman |
| Represented By: | Jeff Payne |
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| Defendant / appellee: MARK NOOTH, Eastside Institutions Administator, Oregon Department of Corrections (ODOC) | |
| Represented By: | Andrew Hallman |
| Represented By: | Jeff Payne |
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| Defendant / appellee: HEEHN, Captain; Security Operations, TRCI | |
| Represented By: | Andrew Hallman |
| Represented By: | Jeff Payne |
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| Defendant / appellee: S. RHODES, TRCI | |
| Represented By: | Andrew Hallman |
| Represented By: | Jeff Payne |
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| Defendant / appellee: JOHNSTON, RN; Medical Manager, TRCI | |
| Represented By: | Andrew Hallman |
| Represented By: | Jeff Payne |
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| Defendant / appellee: MICHAEL GOWER, Assistant Director of Corrections, ( ODOC) | |
| Represented By: | Andrew Hallman |
| Represented By: | Jeff Payne |
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| Defendant / appellee: ARCHER, Supervisor of Security Operations, TRCI | |
| Represented By: | Andrew Hallman |
| Represented By: | Jeff Payne |
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| Defendant / appellee: RICHARD POWELSON, Behavioral Health Services Manager (BHS), TRCI | |
| Represented By: | Andrew Hallman |
| Represented By: | Jeff Payne |
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| Defendant / appellee: K. JACKSON, TRCI Assistant Superintendent, Security | |
| Represented By: | Andrew Hallman |
| Represented By: | Jeff Payne |
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| Defendant / appellee: R. YOUNG, TRCI, Administrative Lieutenant | |
| Represented By: | Andrew Hallman |
| Represented By: | Jeff Payne |
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| Defendant / appellee: TROY BOWSER, Warden, Two Rivers Correctional Institution(TRCI | |
| Represented By: | Andrew Hallman |
| Represented By: | Jeff Payne |
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| Plaintiff / appellant: ROBERT LEE EMERY, Jr. | |
| Represented By: | Robert Lee Emery Jr. |
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