Nathaniel Gann v. Valley State Prison, et al
| NATHANIEL MARCUS GANN |
| VALLEY STATE PRISON, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATEWIDE RELIGIOUS REVIEW COMMITTEE, J. KNIGHT, Appeals Examiner at the Office of Appeals (CDCR), T. THORNTON, Appeals Analyst at Valley State Prison, RAYTHEL FISHER, Jr., Warden of Valley State Prison, TIMOTHY ANDERSON, PAEZ, Dining Hall Officer at Valley State Prison, KEENE, Housing Unit Officer at Valley State Prison, AVILA-GONZALEZ, Correctional Officer at Valley State Prison, CLEMENTS, Sergeant at Valley State Prison, CHAPAS, LUCERO, ANGUIANO, MARQUEZ, CRUZ and MOOSEBAUR |
| 22-16862 |
| December 5, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 7 Filed original and 0 copies of Appellant Nathaniel Marcus Gann opening brief of 4 pages (Informal: Yes) (brief combined with motion). Served on 01/24/2023. (Briefing remains stayed) [12641033] (LA) [Entered: 01/27/2023 03:08 PM] |
| Filing 6 Filed Appellant Nathaniel Marcus Gann motion to appoint pro bono counsel (motion combined with brief). Deficiencies: None. Served on 01/24/2023. [12641028] (LA) [Entered: 01/27/2023 03:06 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: JW): The courts records reflect that the notice of appeal was filed during the pendency of a timely-filed motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The November 30, 2022 notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court are held in abeyance pending the district courts resolution of the pending November 30, 2022 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 14 days after the district courts ruling on the pending motion, appellant must file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk will serve this order on the district court. [12636417] (CKP) [Entered: 01/23/2023 04:03 PM] |
| Filing 4 Added Attorney(s) Christian Michael Georgely for party(s) Appellee Marquez Appellee Moosebaur Appellee Cruz Appellee California Department of Corrections and Rehabilitation, Statewide Religious Review Committee Appellee Lucero Appellee Anguiano Appellee Paez Appellee Chapas Appellee Raythel Fisher Jr.. [12633302] (RL) [Entered: 01/18/2023 04:24 PM] |
| Filing 3 Filed (ECF) notice of appearance of Christian M. Georgely (California Department of Justice, 1300 I Street, Sacramento, CA, 95814) for Appellees California Department of Corrections and Rehabilitation, Statewide Religious Review Committee, Anguiano, Chapas, Marquez, Paez, Moosebaur, Lucero, Raythel Fisher, Jr. and Cruz. Date of service: 01/18/2023. (Party was previously proceeding with counsel.) [12633292] [22-16862] (Georgely, Christian) [Entered: 01/18/2023 04:19 PM] |
| Filing 2 Mail returned on 12/21/2022 addressed to Nathaniel Marcus Gann, re: [ # 1 ] Case Opening Document. Returned envelope notes: California Institution for Men..., return to sender, unable to forward. Resending to: CIM - CALIFORNIA INSTITUTION FOR MEN, Legal Mail, P.O. Box 3100, Chino, CA 91708. [12615873] --[Edited: Updated Address. 12/21/2022 by TYL] (LA) [Entered: 12/21/2022 02:23 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Nathaniel Marcus Gann opening brief due 01/30/2023. Appellees Timothy Anderson, Anguiano, Avila-Gonzalez, California Department of Corrections and Rehabilitation, Statewide Religious Review Committee, Chapas, Clements, Cruz, Raythel Fisher Jr., Keene, J. Knight, Lucero, Marquez, Moosebaur, Paez, T. Thornton and Valley State Prison answering brief due 02/28/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12602434] (ABT) [Entered: 12/05/2022 02:24 PM] |
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