Kevin Kennedy v. Shelly Williams, et al
| KEVIN KENNEDY |
| SHELLY WILLIAMS, BARBARA CEGAVSKE, WILLIAM GITTERE, Warden, TIMOTHY FILSON, HOMAN, M.D., DUGGAN, MINGO, CALVIN JOHNSON, MUREDA and HOMAN |
| 22-15465 |
| March 31, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
|---|
| KEVIN KENNEDY V. SHELLY WILLIAMS, ET AL |
Docket Report
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This docket was last retrieved on May 27, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 Filed Appellant Kevin Kennedy motion to voluntarily dismiss pending motion to reconsider. Deficiencies: None. Served on 05/27/2022. [12458644] (RL) [Entered: 05/27/2022 02:45 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: DA): Appellants request to correct this courts docket listing for defendant-appellee Homan to remove the M.D. after Homans name is granted [ # 3 ]. The Clerk will change this courts docket listing from Homan, M.D., Defendant-Appellee to Homan, Defendant-Appellee. A review of the record reflects that the appeal filed March 29, 2022 appears to be a preliminary injunction appeal challenging the portion of the district courts March 8, 2022 order dismissing appellants motions for a temporary restraining order and preliminary injunction. Accordingly, Ninth Circuit Rule 3-3 applies. The briefing schedule established on March 31, 2022 is vacated. Appellant filed the notice of appeal and motion for leave to appeal in forma pauperis in the district court while a motion for reconsideration of the district courts March 8, 2022 order was pending in the district court. Proceedings in this court are therefore stayed until the district court decides the March 23, 2022 motion. See Fed. R. App. P. 4(a)(4); Leader Natl Ins. Co. v. Industrial Indemnity Ins. Co., 19 F.3d 444 (9th Cir. 1994). Within 14 days after the district courts decision on the March 23, 2022 motion, appellant must notify this court in writing of the decision and state whether appellant wishes to move forward with this appeal. To challenge the decision on the motion for reconsideration, appellant must file an amended notice of appeal within the time set by Federal Rule of Appellate Procedure 4. See Fed. R. App. P. 4(a)(4). The court will set a new briefing schedule under Ninth Circuit Rule 3-3 after the district courts disposition of the March 23, 2022 motion and, if necessary, appellants motion to proceed in forma pauperis filed in this court. See Fed. R. App. P. 24(a)(1), (2); 9th Cir. R. 27-11 (a)(4). The appeal and any motions pending at the time briefing is completed will be referred to the next available motions panel for disposition. The Clerk will send a copy of this order to the district court. [12448854] (CKP) [Entered: 05/17/2022 11:43 AM] |
| Filing 5 Attorneys D. Randall Gilmer and Alexander Smith in 22-15465 substituted by Attorney Gregory L. Zunino in 22-15465 [12429528] (NAC) [Entered: 04/25/2022 07:29 AM] |
| Filing 4 Filed (ECF) notice of appearance of Gregory L. Zunino (Nevada Office of the Attorney General, 100 N. Carson Street, Carson City, Nevada 89701) for Appellee Mureda. Substitution for D. Randall Gilmer for Appellee Mureda and Alexander Smith for Appellee William Gittere. Date of service: 04/22/2022. (Party was previously proceeding with counsel.) [12429359] [22-15465] (Zunino, Gregory) [Entered: 04/22/2022 06:33 PM] |
| Filing 3 Filed Appellant Kevin Kennedy letter dated 04/10/2022 re: Regarding caption listing of defendants-appellee. Paper filing deficiency: None. [12419179] (RL) [Entered: 04/12/2022 04:03 PM] |
| Filing 2 Filed Appellant Kevin Kennedy notice and motion for leave to proceed In Forma Pauperis. Deficiencies: None. Served on 04/10/2022. [12419166] (RL) [Entered: 04/12/2022 03:59 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF COUNSEL AND PRO SE APPELLANT . SEND MQ: No. The schedule is set as follows: Appellant Kevin Kennedy opening brief due 05/31/2022. Appellees Barbara Cegavske, Duggan, Timothy Filson, William Gittere, Homan, Calvin Johnson, Mingo, Mureda and Shelly Williams answering brief due 06/27/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12409876] (ABT) [Entered: 03/31/2022 01:26 PM] |
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