Lucas Schneider v. Nancy Dahlstrom, et al
| LUCAS CANTON SCHNEIDER |
| NANCY DAHLSTROM, Commissioner of Alaska D.O.C. and BOB CORDLE, Superintendent of Lemon Creek Corrections |
| 21-35738 |
| September 1, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 3 Filed order (Appellate Commissioner): On August 11, 2021, the district court entered an order that, among other things, dismissed appellants complaint with leave to amend, denied appellants motions for appointment of counsel, and denied appellants motion for a preliminary injunction. The only portion of the August 11, 2021 order that is appealable is the portion of the order denying preliminary injunctive relief. See 28 U.S.C. 1292(a)(1); see also WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (dismissal of complaint with leave to amend is not appealable); Wilborn v. Escalderon, 789 F.2d 1328, 1330 (9th Cir. 1986) (denial of appointment of counsel in civil case is not appealable). Therefore, the scope of this appeal is limited to a review of that portion of the district courts August 11, 2021 order denying preliminary injunctive relief. A review of the district court docket reflects that the district court granted appellant leave to proceed in forma pauperis and that such permission has not been revoked. Accordingly, appellants in forma pauperis status continues in this court. See Fed. R. App. P. 24(a)(3). Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant eventually must pay the full amount of the filing and docketing fees for this appeal. Accordingly, within 21 days after the date of this order, appellant shall complete and file with this court the enclosed authorization form, which directs the prison officials at appellants institution to assess, collect, and forward to the court the $455.00 filing and docketing fees for this appeal on a monthly basis whenever funds exist in appellants 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), (e)(2). If appellant fails to comply with this order, the Clerk shall dismiss this appeal for failure to prosecute. See 9th Cir. R. 42-1. If appellant complies with this order, the opening brief will be due on November 12, 2021. Because there is no appearance by appellee, briefing will be completed upon the filing of the opening brief. Because appellant is proceeding without counsel, appellant is not required to file excerpts of record. See 9th Cir. R. 30-1.3. The Clerk will send a prisoner authorization form to appellant along with this order. (Pro Se) [12257724] (CKP) [Entered: 10/14/2021 03:53 PM] |
| Filing 2 Filed Appellant Lucas Canton Schneider motion to appoint counsel. Deficiencies: None. [12249649] (JFF) [Entered: 10/06/2021 02:39 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: to be set. Preliminary Injunction Appeal. C.R. 3-3. [12217623] (RT) [Entered: 09/01/2021 10:51 AM] |
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