S. Dixon v. Michael Minev, et al
| S. SEANAH DIXON |
| MICHAEL MINEV, CHARLES DANIELS, BENITO GUTIERREZ and CALVIN JOHNSON |
| 22-15068 |
| January 18, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 7 Filed clerk order (Deputy Clerk: DA): The courts records reflect that appellant filed a timely motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The January 12, 2022 notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, briefing and all proceedings in this court are held in abeyance pending the district courts resolution of the pending January 21, 2022 motion for reconsideration of the January 5, 2022 order denying appellants motion for a preliminary injunction. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994); Tripati v. Henman, 845 F.2d 205, 206 (9th Cir. 1988). Appellants motion to voluntarily dismiss this appeal in order to permit the district court to rule on the January 21, 2022 motion for reconsideration [ # 6 ] is denied as unnecessary. See Fed. R. App. P. 4(a)(4). This denial is without prejudice to appellant renewing the motion for voluntary dismissal if appellant still wishes to voluntarily dismiss this preliminary injunction appeal. Within 14 days after the district courts ruling on the pending motion for reconsideration, appellant shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [12386739] (CKP) [Entered: 03/04/2022 02:41 PM] |
| Filing 6 Filed Appellant S. Seanah Dixon voluntary dismissal of appeal. Deficiencies: None. Served on 02/07/2022. [12364865] (RL) [Entered: 02/09/2022 09:08 AM] |
| Filing 5 Filed Appellant S. Seanah Dixon motion for extension of time of 45 days to pay appellate filing fee. Deficiencies: None. Served on 02/03/2022. [12363674] (RL) [Entered: 02/08/2022 10:05 AM] |
| Filing 4 Attorney Chris Davis substituted by Attorney Gregory L. Zunino. [12353144] (RL) [Entered: 01/27/2022 10:33 AM] |
| Filing 3 Filed (ECF) notice of appearance of Gregory L. Zunino (Nevada Office of the Attorney General, 100 N. Carson Street, Carson City, Nevada 89701) for Appellees Charles Daniels, Benito Gutierrez, Calvin Johnson and Michael Minev. Substitution for Attorney Mr. Chris Davis for Appellees Charles Daniels, Benito Gutierrez, Calvin Johnson and Michael Minev. Date of service: 01/27/2022. (Party was previously proceeding with counsel.) [12352836] [22-15068] (Zunino, Gregory) [Entered: 01/27/2022 07:27 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The appeal filed January 12, 2022 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 applies. The briefing schedule is established as follows: appellants opening brief is due February 15, 2022; appellees answering brief is due March 15, 2022; 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 will be referred to the next available motions panel for disposition. A review of this courts docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant must pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. Failure to pay the fees or file a motion to proceed in forma pauperis shall result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The Clerk will serve a Form 4 financial affidavit on appellant. The filing of a motion to proceed in forma pauperis will automatically stay the briefing schedule under Ninth Circuit Rule 27-11. If appellant fails to comply with this order, the appeal will be dismissed automatically by the Clerk under Ninth Circuit Rule 42-1. 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). Failure to file timely the opening brief will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12343599] (CKP) [Entered: 01/18/2022 03:29 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant S. Seanah Dixon opening brief due 03/14/2022. Appellees Charles Daniels, Benito Gutierrez, Calvin Johnson and Michael Minev answering brief due 04/12/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12342996] (JMR) [Entered: 01/18/2022 11:47 AM] |
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