Makueeyapee Whitford v. Reginald Michael, et al
| MAKUEEYAPEE D. WHITFORD |
| REGINALD D. MICHAEL, CYNTHIA WOLKEN, JIM SALMONSEN and D. J. GODFREY, et al. |
| 21-35570 |
| July 15, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 9 Sent: Appellant Makueeyapee D. Whitford copy of rules, per request. [ # 7 ] [12220160] (ER) [Entered: 09/03/2021 01:12 PM] |
| Filing 8 Filed Appellant Makueeyapee D. Whitford motion to extend time to file appellant opening brief until 12/13/2021. Deficiencies: None. Served on 08/26/2021. [12219502] (QDL) [Entered: 09/02/2021 05:07 PM] |
| Filing 7 Filed Appellant Makueeyapee D. Whitford letter dated 08/26/2021 re: Request for copy of rules. Paper filing deficiency: None. [12219348] (QDL) [Entered: 09/02/2021 04:03 PM] |
| Filing 6 Filed Appellant Makueeyapee D. Whitford motion for production of district court records. Deficiencies: None. Served on 08/26/2021. [12219346] (QDL) [Entered: 09/02/2021 04:01 PM] |
| Filing 5 Filed Appellant Makueeyapee D. Whitford motion for appointment of counsel. Deficiencies: None. Served on 08/26/2021. [12219334] (QDL) [Entered: 09/02/2021 03:59 PM] |
| Filing 4 Filed Appellant Makueeyapee D. Whitford motion to proceed In Forma Pauperis. Deficiencies: None. Served on 08/26/2021. [12219330] (QDL) [Entered: 09/02/2021 03:58 PM] |
| Filing 3 Filed Appellant Makueeyapee D. Whitford response to order to show cause dated 08/02/2021. Served on 08/26/2021. [12219322] (QDL) [Entered: 09/02/2021 03:55 PM] |
| Filing 2 Filed order (Appellate Commissioner): On April 1, 2021, the district court entered judgment in this case. Appellant did not file a notice of appeal within the 30-day jurisdictional time period after the entry of judgment, nor did he timely file one of the motions that could have tolled the time within which to file a notice of appeal of the judgment. See Fed. R. App. P. 4(a)(4); Fed. R. Civ. P. 59(e) (tolling motion must be filed within 28 days from entry of judgment); Fiester v. Turner, 783 F.2d 1474 (9th Cir. 1986) (untimely motion does not suspend time to appeal). Appellant did file a motion to dismiss without prejudice, which was received by the district court on May 19, 2021. The district court construed the motion to dismiss as a motion to alter or amend the judgment, and denied the motion on June 14, 2021. Appellant filed a motion for reconsideration of the June 14, 2021 order, which the district court denied on July 14, 2021. Appellant filed a notice of appeal dated July 14, 2021, and received by the district court on July 15, 2021. Because the notice of appeal was not filed or delivered to prison officials within 30 days after the judgment entered on April 1, 2021, the scope of this appeal is limited to review of the district courts June 14, 2021 and July 14, 2021 post-judgment orders. 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). The briefing schedule for this appeal is stayed. The Clerk will 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. (Pro Se) [12189460] (CKP) [Entered: 08/02/2021 01:51 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEESL. SEND MQ: No. The schedule is set as follows: Appellant Makueeyapee D. Whitford opening brief due 09/13/2021. [12173688] (JPD) [Entered: 07/15/2021 02:10 PM] |
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