Enrique Diaz v. ODOC, et al
| ENRIQUE ZACARIAS DIAZ |
| OREGON DEPARTMENT OF CORRECTIONS and OREGON DEPARTMENT OF JUSTICE |
| 22-35579 |
| July 27, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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This docket was last retrieved on September 2, 2022. A more recent docket listing may be available from PACER.
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| Filing 11 Sent: Appellant Enrique Zacarias Diaz FORM 29, docket sheet, document, and rules. Per Request [12532899]-2 [12532919] (ER) [Entered: 09/02/2022 03:54 PM] |
| Filing 10 Filed Appellant Enrique Zacarias Diaz FORM 29 Request for docket sheet, document, or rules. Paper filing deficiency: None. [12532899] (QDL) [Entered: 09/02/2022 03:39 PM] |
| Filing 9 Filed Appellant Enrique Zacarias Diaz motion to complete production of Reporters Transcript at government expense. Deficiencies: None. [12532897] (QDL) [Entered: 09/02/2022 03:37 PM] |
| Filing 8 Filed Appellant Enrique Zacarias Diaz motion for appointment of counsel. Deficiencies: None. [12532896] (QDL) [Entered: 09/02/2022 03:36 PM] |
| Filing 7 Filed Appellant Enrique Zacarias Diaz motion to proceed In Forma Pauperis. Deficiencies: None. [12532892] (QDL) [Entered: 09/02/2022 03:35 PM] |
| Filing 6 Filed original and 7 copies of Appellant Enrique Zacarias Diaz opening brief of 6 pages (Informal: Yes). Served on 08/28/2022. (Briefing remains stayed) [12532017] (LA) [Entered: 09/01/2022 03:21 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: DA): The court has received appellants response to this courts August 1, 2022 order to show cause. Appellant attests that he first delivered the notice of appeal to prison authorities for filing on July 20, 2022, within 30 days after entry of the district courts judgment. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c)(1). Accordingly, the portion of the August 1, 2022 order to show cause requiring appellant to file a declaration stating when he delivered the notice of appeal to prison authorities is discharged. The court has received appellants statement that the appeal should go forward in response to the August 1, 2022 order to show cause and motion to proceed in forma pauperis. The statement and motion to proceed in forma pauperis will be addressed by separate order.[12519216] (JMR) [Entered: 08/17/2022 03:57 PM] |
| Filing 4 Filed Appellant Enrique Zacarias Diaz motion to proceed In Forma Pauperis. Deficiencies: None. [12517328] (QDL) [Entered: 08/15/2022 03:33 PM] |
| Filing 3 Filed Appellant Enrique Zacarias Diaz response to order to show cause dated 08/01/2022. [12517325] (QDL) [Entered: 08/15/2022 03:31 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district court judgment was entered on the docket on June 21, 2022. Appellants notice of appeal from that judgment was dated July 20, 2022, but was not filed until July 26, 2022. Thus, the notice of appeal was not filed within 30 days after the entry of the judgment. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1). Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). A review of the district courts docket also 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, and a declaration attesting to the date on which the notice of appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). 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). 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. [12506649] (CKP) [Entered: 08/01/2022 03:01 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: Appellant Enrique Zacarias Diaz opening brief due 09/28/2022. [12503636] (RT) [Entered: 07/27/2022 02:28 PM] |
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