Stas Dayan, et al v. T. Bowser, et al
| RONALD C. HAY |
| ASSISTANT SUPERINTENDENT K. JACKSON, HOUSING OFFICER T. SWART, ACTING SUPERINTENDENT T. BLEWETT, SPECIAL HOUSING CAPTAIN L. ALBERT, EXECUTIVE ASSISTANT L. SIMON, SUPERINTENDENT T. BOWSER and OPERATIONS CAPTAIN T. RUMSEY |
| STAS BEN DAYAN |
| 21-35333 |
| April 30, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on June 11, 2021. A more recent docket listing may be available from PACER.
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| Filing 11 Filed order (BARRY G. SILVERMAN and JACQUELINE H. NGUYEN) 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 motions for an extension of time to file the opening brief are granted (Docket Entry Nos. [ # 8 ], [ # 10 ]). The opening brief is due on June 28, 2021. The answering brief is due July 28, 2021. The optional reply brief is due within 21 days after service of the answering brief. Because appellant is proceeding without counsel, appellant is not required to file excerpts of record. See 9th Cir. R. 30-1.3. 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 id. [12141659] (WL) [Entered: 06/11/2021 10:40 AM] |
| Filing 10 Filed Appellant Stas Ben Dayan motion to extend time. Deficiencies: None. [12131925] (JFF) [Entered: 06/02/2021 04:38 PM] |
| Filing 9 Filed (ECF) Appellees L. Albert, T. Bowser, K. Jackson, T. Rumsey and T. Swart response to motion ([ # 8 ] Party Motion). Date of service: 06/01/2021. [12129742] [21-35333] (Fjordbeck, Denise) [Entered: 06/01/2021 02:07 PM] |
| Filing 8 Filed Appellant Stas Ben Dayan motion to extend time. Deficiencies: None.. [12128655] (JFF) [Entered: 05/28/2021 04:44 PM] |
| Filing 7 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner completed authorization fee order. [12113883] (CKP) [Entered: 05/14/2021 03:32 PM] |
| Filing 6 Received PLRA authorization response from appellant. Dated 05/09/2021. [Case Number 21-35333: Partially Paid] [12113467] (DJV) [Entered: 05/14/2021 01:16 PM] |
| Filing 5 Filed Appellant Stas Ben Dayan motion to appoint counsel. Deficiencies: None. Served on 05/04/2021. [12107932] (DJV) [Entered: 05/10/2021 02:38 PM] |
| Filing 4 Attorneys Dylan J. Hallman substituted by Attorneys Denise Gale Fjordbeck [12106114] (JFF) [Entered: 05/07/2021 02:26 PM] |
| Filing 3 Filed (ECF) notice of appearance of Denise G. Fjordbeck (Oregon Department of Justice - Appellate Division, 1162 Court Street NE, Salem, Oregon 97301) for Appellees L. Albert, T. Blewett, T. Bowser, K. Jackson, T. Rumsey, T. Swart and L. Simon. Substitution for Attorney Dylan J. Hallman for Appellees L. Albert, T. Bowser, K. Jackson, T. Rumsey and T. Swart. Date of service: 05/07/2021. (Party was previously proceeding with counsel.) [12106075] [21-35333] (Fjordbeck, Denise) [Entered: 05/07/2021 02:07 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The appeal filed April 29, 2021 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The briefing schedule shall be established as follows: appellants opening brief is due May 28, 2021; appellees answering brief is due June 25, 2021; and appellants optional reply brief is due within 21 days after service of the answering brief. The appeal and any motions pending at the time briefing is completed shall be referred to the next available motions panel for disposition. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). A review of the district court docket reflects that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date. Consequently, appellant's forma pauperis status continues in this court. Fed. R. App. P. 24(a). Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant must pay the full amount of the filing and docketing fees for this appeal when funds are available in appellant's account. Consequently, within 21 days after the filing date of this order, appellant shall complete and file with this court the enclosed authorization form, which directs the prison officials at appellant's institution to assess, collect, and forward to the court the $505.00 filing and docketing fees for this appeal on a monthly basis whenever funds exist in appellant's trust fund account. These fees will continue to be collected regardless of the date or manner of disposition of this appeal. See 28 U.S.C. 1915(b)(2) and (e)(2). Appellant is not responsible for payment when the funds in appellants prison trust account total less than $10.00, but payments must resume when additional deposits are made or funds are otherwise available. Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The Clerk shall serve this order and a prisoner authorization form on appellant. [12098852] (CKP) [Entered: 04/30/2021 04:35 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Stas Ben Dayan opening brief due 06/28/2021. Appellees L. Albert, T. Blewett, T. Bowser, K. Jackson, T. Rumsey, L. Simon and T. Swart answering brief due 07/28/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12097799] (JMR) [Entered: 04/30/2021 09:24 AM] |
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