Joshua Lambert v. Xlomara Heurtas, et al
| JOSHUA D. LAMBERT |
| XLOMARA HEURTAS, WESTERN STATE HOSPITAL, RAY HENDRICKSON, Dr./Ph.D., RHANA KAHN, Dr./M.D., STATE OF WASHINGTON, LEE STEMLER, JACK WARNER, JAMES PALMER, Sgt and Supervisor for MCC Mailroom, MELVIN HOPKINS, Sgt and Supervisor for MCC Mailroom, ROY GONZALEZ, TRACY SCHNEIDER, MELINDA TUGGLE, MCC-SOU Mailroom, NATASHA HOUSE and JOHN OR JANE DOES, WSH Staff; DOC Staff |
| 22-35227 |
| March 14, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 12 Filed order (Deputy Clerk: CKP) Granting Motion to dismiss the case pursuant to rule 42b filed by Appellant Joshua D. Lambert. This order shall constitute the mandate. [12442933] (CKP) [Entered: 05/10/2022 01:12 PM] |
| Filing 11 Filed Appellant Joshua D. Lambert motion to dismiss case pursuant to FRAP 42(b). Deficiencies: None. Served on 04/12/2022. [12424426] (HH) [Entered: 04/18/2022 02:30 PM] |
| Filing 10 Filed (ECF) Appellees Ray Hendrickson, Xlomara Heurtas, Rhana Kahn, Natasha House, State of Washington and Western State Hospital response non-opposing motion ([ # 8 ] Party Motion). Date of service: 04/12/2022. [12418977] [22-35227] (Williamson, Nicholas) [Entered: 04/12/2022 03:03 PM] |
| Filing 9 Deleted Incorrect Entry (Entered in Wrong Case). Notice about deletion sent to case participants registered for electronic filing. Received email notice of CJA counsel of record appointment.. [12414865] (HH) [Entered: 04/07/2022 11:41 AM] |
| Filing 8 Filed Appellant Joshua D. Lambert motion to dismiss case pursuant to FRAP 42(b). Deficiencies: None. Served on 04/03/2022. [12414861] (HH) [Entered: 04/07/2022 11:38 AM] |
| Filing 7 Sent Appellant a copy of the docket sheet, the FRAP and Ninth Circuit Rules and a copy of Form 29 in response to the Form 29 request received on 03/28/2022. [12407486] (JR) [Entered: 03/29/2022 12:11 PM] |
| Filing 6 Received Appellant Joshua D. Lambert notice requesting copy of FRAP Rules and form. [12407405] (RR) [Entered: 03/29/2022 11:33 AM] |
| Filing 4 Terminated Vanessa James for Western State Hospital, State of Washington, Natasha House, Rhana Kahn, Xlomara Heurtas and Ray Hendrickson in 22-35227 [12395302] (RR) [Entered: 03/15/2022 02:04 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: JW): A review of the district courts docket reflects that the district court has found that this appeal lacks an arguable basis in law or fact 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 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. [12395290] (CKP) [Entered: 03/15/2022 01:58 PM] |
| Filing 2 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Vanessa James for Appellees Ray Hendrickson, Xlomara Heurtas, Rhana Kahn, Natasha House, State of Washington and Western State Hospital. Party proceeding without counsel: No. Date of service: 03/15/2022. [12395087] [22-35227] (James, Vanessa) [Entered: 03/15/2022 11:55 AM] |
| Filing 5 Filed Appellant Joshua D. Lambert motion for extension of time to file motion for IFP. Deficiencies: None. [12395669] (RR) [Entered: 03/15/2022 04:38 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Joshua D. Lambert opening brief due 05/16/2022. Appellees Roy Gonzalez, Ray Hendrickson, Xlomara Heurtas, Melvin Hopkins, John or Jane Does, Rhana Kahn, Natasha House, James Palmer, Tracy Schneider, State of Washington, Lee Stemler, Melinda Tuggle, Jack Warner and Western State Hospital answering brief due 06/16/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12394197] (RT) [Entered: 03/14/2022 03:10 PM] |
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