Joseph Marsala v. Ralph Diaz, et al
| JOSEPH AUGUST MARSALA |
| RALPH DIAZ, Secretary of CDCR until late 2020, KATHLEEN ALLISON, Director of CDCR until late 2020, PATRICK EATON, Warden, T. ALLEN, Chief Deputy Warden, T. WILLIAMS, Appeals Coordinator, KEITH ROBINSON, Food Managers' Overseer for CDCR, H. VALENCIA, Food Manager II, LUTHER, Culinary Cook's Supervisor, STEVE SMITH, Dr. and SINCLAIR, Dr., Chief Medical Officer |
| 22-16260 |
| August 19, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
|---|
| JOSEPH MARSALA V. RALPH DIAZ, ET AL |
Docket Report
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| Document Text |
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| Filing 6 Filed original and 2 copies of Appellant Joseph August Marsala opening brief of 6 pages (Informal: No). Served on 10/10/2022. [12564047] (LA) [Entered: 10/14/2022 03:48 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: JW): Appellants motion for an extension of time to file the opening brief [ # 4 ] is granted. The opening brief is now due October 19, 2022. Because there is no appearance by appellees, briefing will be completed upon the filing of the opening brief. A review of the district court docket reflects that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date. Consequently, appellants forma pauperis status continues in this court. Fed. R. App. P. 24(a). Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant must pay the full amount of the filing and docketing fees for this appeal when funds are available in appellant's account. Consequently, within 21 days after the filing date of this order, appellant shall complete and file with this court the enclosed 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) and (e)(2). Appellant is not responsible for payment when the funds in appellants prison trust account total less than $10.00, but payments must resume when additional deposits are made or funds are otherwise available. If appellant fails to comply with this order or timely file the opening brief, the appeal will be dismissed by the Clerk. See 9th Cir. R. 42-1. The Clerk will send appellant a prisoner authorization form along with this order. . [12541316] (CKP) [Entered: 09/15/2022 01:52 PM] |
| Filing 4 Filed Appellant Joseph August Marsala motion for extension of time. Deficiencies: None. Served on 09/08/2022. [12540365] (RL) [Entered: 09/14/2022 02:47 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: JW): The appeal filed August 18, 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 September 19, 2022. As there are no appearances for the appellees, briefing will be deemed completed upon the filing of appellants opening brief. The appeal and any motions pending at the time briefing is completed will be referred to the next available motions panel for disposition. 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). If appellant fails to timely file the opening brief, the appeal will be dismissed by the Clerk. See 9th Cir. R. 42-1. [12522661] (CKP) [Entered: 08/22/2022 01:29 PM] |
| Filing 2 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12522652] (CKP) [Entered: 08/22/2022 01:22 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [12521248] (RT) [Entered: 08/19/2022 01:37 PM] |
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