Michael Holmes v. Philip Gutierrez
| PHILIP S. GUTIERREZ, Judge, U.S. District Court |
| MICHAEL J. HOLMES |
| 21-55489 |
| May 13, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 6 Filed clerk order (Deputy Clerk: AT): A review of the district courts docket reflects that the district court has denied appellant leave to proceed on appeal in forma pauperis. 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 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. The briefing schedule for this appeal is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, and (2) a form statement that the appeal should go forward. Appellant may use the enclosed forms for any motion to dismiss the appeal or statement that the appeal should go forward. [12147116] (AF) [Entered: 06/17/2021 11:23 AM] |
| Filing 5 Received copy of amended notice of appeal from district court with Motion for Informa pauperis to the 9th CCA filed by plaintiff Michael Holmes. Appeal of Order on Request to Proceed In Forma Pauperis with Declaration in Support.. [12117471] (NAC) [Entered: 05/19/2021 07:11 AM] |
| Filing 4 Received copy of District Court order filed on 05/13/2021. [12113801] (NAC) [Entered: 05/14/2021 03:02 PM] |
| Filing 3 Filed Appellant Michael J. Holmes motion to proceed In Forma Pauperis. Deficiencies: None. [12113455] (NAC) [Entered: 05/14/2021 01:11 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [12113425] (CKP) [Entered: 05/14/2021 01:01 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEE. SEND MQ: No. The schedule is set as follows: Appellant Michael J. Holmes opening brief due 07/14/2021. [12112176] (RT) [Entered: 05/13/2021 02:02 PM] |
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| Defendant / appellee: PHILIP S. GUTIERREZ, Judge, U.S. District Court | |
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| Plaintiff / appellant: MICHAEL J. HOLMES | |
| Represented By: | Michael J. Holmes |
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