Ashenafi Aberha v. D. Jones, et al
| ASHENAFI G. ABERHA |
| D. JONES, Nurse, COX, Sergeant and WILLIAM GETTERE, Warden |
| 22-16658 |
| October 26, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 10 Filed Appellant Ashenafi G. Aberha response to order to show cause. [12605501] (NAC) [Entered: 12/08/2022 12:16 PM] |
| Filing 9 Filed clerk order (Deputy Clerk: JW): A review of the district courts docket reflects that the district court has certified that this appeal is not taken in good faith and has revoked appellants in forma pauperis status. See 28 U.S.C. 1915(a). 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 move to dismiss this appeal, the court may dismiss the appeal as frivolous, without further notice. Any determination of whether the appeal is frivolous will be based on the opening brief received on November 10, 2022, and appellants statement, if any, in response to this order. 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, and (2) a form statement that the appeal should go forward. Appellant may use the enclosed forms for any motion to dismiss the appeal or statement that the appeal should go forward. [12592039] (CKP) [Entered: 11/20/2022 07:56 PM] |
| Filing 8 ENTRY UPDATED. Received copy of District Court order filed on 11/15/2022. [12588809]--[Edited 11/17/2022 by BJK] (BJK) [Entered: 11/16/2022 12:33 PM] |
| Filing 7 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12586200] (CKP) [Entered: 11/14/2022 12:09 PM] |
| Filing 6 Sent Appellant a copy of the FRAP and Ninth Circuit rules in response to the Form 29 request filed on 11/10/2022. [12585256] (JR) [Entered: 11/10/2022 03:43 PM] |
| Filing 5 Filed Appellant Ashenafi G. Aberha motion to proceed In Forma Pauperis. Deficiencies: None. Served on 11/07/2022. [12585253] (BJK) [Entered: 11/10/2022 03:42 PM] |
| Filing 4 Filed Appellant Ashenafi G. Aberha motion to appoint pro bono counsel. Deficiencies: None. Served on 11/07/2022. [12585249] (BJK) [Entered: 11/10/2022 03:39 PM] |
| Filing 3 Filed Appellant Ashenafi G. Aberha letter dated 11/07/2022 requesting copy of Federal Rules of Appellate Procedure and Ninth Cir. Rules. Paper filing deficiency: None. [12585245] (BJK) [Entered: 11/10/2022 03:37 PM] |
| Filing 2 Filed original and 0 copies of Appellant Ashenafi G. Aberha opening brief of 6 pages (Informal: Yes). Served on 11/10/2022 by Court via CM/ECF. [12585037] (LA) [Entered: 11/10/2022 02:19 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Ashenafi G. Aberha opening brief due 12/23/2022. Appellees Cox, William Gettere and D. Jones answering brief due 01/23/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12573318] (ABT) [Entered: 10/26/2022 12:07 PM] |
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