Stanton McCain, II v. Department of Corrections, et al
| MICHAEL M. SILVA, TRU A-Unit Sergeant, JOHN DOES, 1-3; Officer; WSP/IMU Sgts and JOHN DOES, 4-14; WSP/IMU Floor officers |
| STANTON HARRY MCCAIN II |
| DEPARTMENT OF CORRECTIONS, FRANK JOHN SMITH, M.D., STEPHEN SINCLAIR, Secretary of DOC, JONI AIYEKU, WSP Grievance Coordinator, DONALD HOLBROOK, WSP Superintendent, STEVEN HAMMOND, M.D., MD/DOC Medical Director, LISA KLEMME, DOC/ADA Coordinator and KAREN FORSS, WSP Health Service Management/ADA Coordinator |
| 21-35809 |
| September 27, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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| STANTON MCCAIN, II V. DEPARTMENT OF CORRECTIONS, ET AL |
Docket Report
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This docket was last retrieved on November 12, 2021. A more recent docket listing may be available from PACER.
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| Filing 14 The Mediation Questionnaire for this case was filed on 11/12/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12286401]. [21-35809] (AD) [Entered: 11/12/2021 06:44 PM] |
| Filing 13 Filed Appellant Stanton Harry McCain, II Mediation Questionnaire. Served on 11/05/2021. [12286051] (QDL) [Entered: 11/12/2021 02:57 PM] |
| Filing 12 Filed Appellant Stanton Harry McCain, II response to order to show cause of 09/27/21. Served on 10/24/2021. [12272091] (DJV) [Entered: 10/28/2021 02:58 PM] |
| Filing 11 Sent Appellant a copy of the FRAP and Ninth Circuit rules in response to the Form 29 request filed on 10/21/2021. [12265329] (JR) [Entered: 10/22/2021 09:26 AM] |
| Filing 10 Filed letter dated 10/16/2021 re: request for 9th Cir Rules. Paper filing deficiency: None. [12264708] (DJV) [Entered: 10/21/2021 02:32 PM] |
| Filing 9 Sent: Appellant Stanton Harry McCain, II FRAP per request. [ # 8 ] [12262211] (ER) [Entered: 10/19/2021 05:49 PM] |
| Filing 8 Filed Appellant Stanton Harry McCain, II letter dated 10/09/2021 re: titled polite motion for rule book and forms. Paper filing deficiency: None. [12257376] (DJV) [Entered: 10/14/2021 02:32 PM] |
| Filing 7 Filed Appellant Stanton Harry McCain, II motion to proceed In Forma Pauperis. Deficiencies: None. Served on 10/03/2021. [12251216] (DJV) [Entered: 10/07/2021 03:03 PM] |
| Filing 6 Filed Appellant Stanton Harry McCain, II letter dated 09/24/2021 re: few question for Deputy Clerk. Paper filing deficiency: None. [12251208] (DJV) [Entered: 10/07/2021 03:02 PM] |
| Filing 5 Filed letter dated 10/03/2021 re: wrongful deprivation of wheelchair. Paper filing deficiency: None. [12251201] (DJV) [Entered: 10/07/2021 02:59 PM] |
| Filing 4 Filed Appellant Stanton Harry McCain, II letter dated 09/25/2021 re: addressed to d/c re: scanned documents. Paper filing deficiency: None. [12243966] (DJV) [Entered: 09/30/2021 01:26 PM] |
| Filing 3 Received copy of District Court order filed on 09/28/2021 transferrring IFP application to Court of Appeals. [12242583] (DJV) [Entered: 09/29/2021 11:56 AM] |
Filing 2
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 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). If appellant files a statement that the appeal should go forward, appellees may file a response within 10 days after service of appellants statement. The briefing schedule for this appeal is stayed. The Clerk shall 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. [12240486] (CKP) [Entered: 09/27/2021 03:52 PM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Stanton Harry McCain II opening brief due 11/29/2021. Appellees Joni Aiyeku, Department of Corrections, Karen Forss, Steven Hammond, Donald Holbrook, Lisa Klemme, Stephen Sinclair and Frank John Smith answering brief due 12/29/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12239945] (RT) [Entered: 09/27/2021 01:03 PM]
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