Tony Hines v. James Dzurenda, et al
| TONY HINES |
| JAMES DZURENDA, BRIAN WILLIAMS, Warden, Warden, JENNIFER NASH, Associate Warden, JAMES SCALLY, JOSEPH LEWIS, DARREN SPENCE and DARREN SPIECE |
| 22-16234 |
| August 15, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 10 Filed order (DANIEL A. BRESS and LAWRENCE VANDYKE) The court, in its discretion, denies the motion for appointment of pro bono counsel (Docket Entry No. [ # 3 ]). The opening brief has been filed. The answering brief remains due November 14, 2022. The optional reply brief is due within 21 days after service of the answering brief. The motion for clarification (Docket Entry No. [ # 8 ]) is referred to the panel assigned to decide the merits of this appeal. Because appellant is proceeding without counsel, appellant is not required to file excerpts of record. See 9th Cir. R. 30-1.3. If appellant does not file excerpts of record, appellees must file Supplemental Excerpts of Record that contain all of the documents that are cited in the pro se opening brief or otherwise required by Rule 30-1.4, as well as the documents that are cited in the answering brief. See id. [12546108] (ABT) [Entered: 09/21/2022 03:39 PM] |
| Filing 9 Filed original and 0 copies of Appellant Tony Hines opening brief of 11 pages (Informal: No). Served on 09/09/2022. Served by Court via CM/ECF. Filed with minor deficiencies: no certificate of service on appellee's counsel. (motion to appoint counsel pending, briefing remains stayed) [12543848] (SML) [Entered: 09/19/2022 04:26 PM] |
| Filing 8 Filed Appellant Tony Hines motion for clarification. Deficiencies: None. Served on 09/07/2022. [12542373] (QDL) [Entered: 09/16/2022 01:58 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: AT): A review of the district court docket reflects that the district court granted appellant leave to proceed in forma pauperis and that such permission has not been revoked. Accordingly, appellants in forma pauperis status continues in this court. See Fed. R. App. P. 24(a)(3). Appellants motion to proceed in forma pauperis on appeal (Docket Entry No. 4) is therefore unnecessary. Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant eventually must pay the full amount of the filing and docketing fees for this appeal. Accordingly, within 21 days after the date of this order, appellant shall complete and file with this court the enclosed prisoner authorization form, which directs the prison officials at appellants institution to assess, collect, and forward to the court the $505.00 filing and docketing fees for this appeal on a monthly basis whenever funds exist in appellants trust fund account. These fees will continue to be collected regardless of the date or manner of disposition of this appeal. See 28 U.S.C. 1915(b)(2), (e)(2). If appellant fails to comply with this order, the Clerk shall dismiss this appeal for failure to prosecute. See 9th Cir. R. 42-1. Briefing is suspended pending resolution of appellants motion for appointment of counsel. The Clerk will serve a prisoner authorization form on appellant. [12539485] (WL) [Entered: 09/13/2022 03:45 PM] |
| Filing 6 Attorney Laura Ginn substituted by Attorney Gregory L. Zunino in 22-16234. [12532388] (HH) [Entered: 09/02/2022 09:39 AM] |
| Filing 5 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 James Dzurenda, Joseph Lewis, Jennifer Nash, James Scally, Darren Spence, Darren Spiece and Brian Williams. Substitution for Attorney Laura Ginn for Appellee Darren Spiece. Date of service: 09/02/2022. (Party was previously proceeding with counsel.) [12532330] [22-16234] (Zunino, Gregory) [Entered: 09/02/2022 08:56 AM] |
| Filing 4 Filed Appellant Tony Hines motion to proceed In Forma Pauperis. Deficiencies: None. Served on 08/17/2022. [12526252] (HH) [Entered: 08/25/2022 11:45 AM] |
| Filing 3 Filed Appellant Tony Hines motion to appoint counsel. Deficiencies: None. Served on 08/17/2022. [12526248] (HH) [Entered: 08/25/2022 11:44 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [12517773] (CKP) [Entered: 08/16/2022 09:33 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Tony Hines opening brief due 10/14/2022. Appellees James Dzurenda, Joseph Lewis, Jennifer Nash, James Scally, Darren Spence, Darren Spiece and Brian Williams, Warden answering brief due 11/14/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12517337] (JMR) [Entered: 08/15/2022 03:36 PM] |
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