Johnathan Harper v. David Robinson, et al
| JOHNATHAN SETH HARPER |
| DAVID ROBINSON, DAVID PUTNAM, CRYSTAL THOMAS, DAN TOLBERT, JAMIE THAM-FRY, VERONICA RODRIGUEZ, SHERRY LONG, BRITNEY CHISM, A. ALCALA, A. WOMACK, M. VAN NESS, H. HERNANDEZ, M. BLEVINS, G. SILVERIA, J. MAYA, C. KNITTEL, R. ANDERSON, B. KENNEDY, ROBERSON, TRUVILLO, K. MORRIS, M. SNYDER, PUTNAM and M. ALVAREZ |
| 22-16450 |
| September 22, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 12 Filed Appellant Johnathan Seth Harper FORM 4 motion and affidavit for permission to proceed in forma pauperis. Deficiencies: None. Served on 11/23/2022. [12612794] (RL) [Entered: 12/16/2022 02:51 PM] |
| Filing 11 Filed Appellant Johnathan Seth Harper statement that appeal should go forward. Served on 11/23/2022. [12612788] (RL) [Entered: 12/16/2022 02:49 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: JW): A review of the district courts docket reflects that the district court denied appellant leave to proceed in forma pauperis because it found that the action was 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 files a statement that the appeal should go forward, appellant also must: (1) file in this court a motion to proceed in forma pauperis, OR (2) pay to the district court $505.00 for the filing and docketing fees for this appeal AND file in this court proof that the $505.00 was paid. 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 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 the court dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). If appellant files a statement that the appeal should go forward, appellees may file a response within 10 days after service of appellants statement The briefing schedule for this appeal is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, (2) a form statement that the appeal should go forward, and (3) a Form 4 financial affidavit. Appellant may use the enclosed forms for any motion to dismiss the appeal, statement that the appeal should go forward, and/or motion to proceed in forma pauperis. [12590673] (CKP) [Entered: 11/17/2022 04:29 PM] |
| Filing 9 Received copy of District Court order filed on 11/16/2022 Motion to proceed in forma pauperis denied. [12588826] (BJK) [Entered: 11/16/2022 12:39 PM] |
| Filing 8 Filed original and 0 copies of Appellant Johnathan Seth Harper opening brief of 7 pages (Informal: Yes). Served on 11/01/2022. [12582879] (SML) [Entered: 11/08/2022 02:41 PM] |
| Filing 7 Filed Appellant Johnathan Seth Harper motion: notification of error in party listing. Deficiencies: None. Served on 10/28/2022. [12582530] (BJK) [Entered: 11/08/2022 10:30 AM] |
| Filing 6 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12576225] (CKP) [Entered: 10/30/2022 10:04 PM] |
| Filing 5 Filed Appellant Johnathan Seth Harper request to amend and correct case caption. Deficiencies: None. Served on 10/11/2022. [12574173] (BJK) [Entered: 10/27/2022 10:27 AM] |
| Filing 4 Sent Appellant a copy of the docket sheet and the FRAP and Ninth Circuit rules in response to the Form 29 request filed on 10/06/2022. [12557449] (JR) [Entered: 10/06/2022 01:00 PM] |
| Filing 3 Filed Appellant Johnathan Seth Harper request rules book & docket sheet. Dated 09/29/2022. Paper filing deficiency: None. (Notice of change of address: #33301, 1570 Kings County Dr., Hanford, CA 93230) [12557399] (RL) [Entered: 10/06/2022 12:24 PM] |
| Filing 2 Terminated James J. Arendt for G. Silveria in 22-16450 (attorney added in error at case opening) [12547165] (JBS) [Entered: 09/22/2022 03:09 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Johnathan Seth Harper opening brief due 11/18/2022. Appellees A. Alcala, M. Alvarez, R. Anderson, M. Blevins, Britney Chism, H. Hernandez, B. Kennedy, C. Knittel, Sherry Long, J. Maya, K. Morris, Putnam, David Putnam, Roberson, David Robinson, Veronica Rodriguez, G. Silveria, M. Snyder, Jamie Tham-Fry, Crystal Thomas, Dan Tolbert, Truvillo, M. Van Ness and A. Womack answering brief due 12/19/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12547141] (JBS) [Entered: 09/22/2022 03:04 PM] |
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