Patrina Harrison v. City and County of San Francisco
| PATRINA HARRISON and PATRINA HALL |
| CITY AND COUNTY OF SAN FRANCISCO |
| 22-16161 |
| August 3, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 7 Filed (ECF) Appellant Ms. Patrina Hall response to Court order dated 09/07/2022. Date of service: 09/29/2022. [12552290] [22-16161] (Hall, Patrina) [Entered: 09/29/2022 11:14 AM] |
| Filing 6 Filed order (Appellate Commissioner): Appellees motion to dismiss this appeal for lack of jurisdiction (Docket Entry No. [ # 5 ]) is denied. See Fed. R. App. P. 4(a)(7)(A)(ii) (time to appeal begins to run 150 days after entry of final order that is not properly entered as a separate judgment); Fed. R. Civ. P. 58(b)(1)(C) (requiring separate entry of judgment when court denies all relief); Stratton v. Buck, 697 F.3d 1004, 1007 (9th Cir. 2012) (judgment deemed entered 150 days after the entry of an appealable final order where there is no separate entry of judgment; although notice of appeal filed before the entry of judgment is premature, Fed. R. Civ. P. 4(a)(2) treats such notices as filed on the date of the entry of judgment.). The court has received appellants motion to proceed in forma pauperis for this appeal. A review of the record reflects that this appeal may be frivolous. 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 voluntarily 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 appellant files a statement that the appeal should go forward, appellee may file a response within 10 days after service of appellants statement. The briefing schedule for this appeal remains stayed. The Clerk will 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 this appeal or statement that the appeal should go forward. (Pro Se) [12534912] (OC) [Entered: 09/07/2022 11:48 AM] |
| Filing 5 Filed (ECF) Appellee City and County of San Francisco Motion to dismiss for lack of jurisdiction. Date of service: 08/25/2022. [12526059] [22-16161] (Bearman, Katherine) [Entered: 08/25/2022 09:48 AM] |
| Filing 4 Filed Appellant Patrina Harrison FORM 4 motion and affidavit for permission to proceed In Forma Pauperis. Deficiencies: None. Not dated. [12509758] (RL) [Entered: 08/04/2022 02:20 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [12509049] (CKP) [Entered: 08/03/2022 04:21 PM] |
| Filing 2 Fee status changed ( [Case Number 22-16161: Due] ). [12509042] (CKP) [Entered: 08/03/2022 04:19 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSELAND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Patrina Harrison opening brief due 10/03/2022. Appellee City and County of San Francisco answering brief due 10/31/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12508394] (JMR) [Entered: 08/03/2022 10:03 AM] |
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