Michael Albert v. Montana Department of Corrections, et al
| MICHAEL DEAN ALBERT |
| MONTANA DEPARTMENT OF CORRECTIONS, DOC-MT CLINICAL SERVICES DIVISION, BRIAN GOOTKIN, PAUL REES, MELISSA SCHARF, CONNIE WINNER, ALISHIA JAMESON, MONTANA DEPARTMENT OF CORRECTIONS PROBATION PAROLE DIVISION and HEIDI ABBOTT |
| 22-35637 |
| August 9, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
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| Filing 3 Notice Filed: As of October 1, 2022, inmates in Montana correctional facilities that participate in the federal e-filing program with the District of Montana (currently only Montana State Prison) will be required to submit filings in their Ninth Circuit appeals via e-mail in the same way. (See Attached Notice for Complete Text) [12554211] [22-35256, 22-35526, 22-35527, 22-35574, 22-35637] (RY) [Entered: 10/03/2022 09:46 AM] |
| Filing 2 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 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. [12514582] (CKP) [Entered: 08/11/2022 02:32 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Michael Dean Albert opening brief due 10/07/2022. Appellees Heidi Abbott, DOC-MT Clinical Services Division, Brian Gootkin, Alishia Jameson, Montana Department of Corrections, Montana Department of Corrections Probation Parole Division, Paul Rees, Melissa Scharf and Connie Winner answering brief due 11/07/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12513546] (ABT) [Entered: 08/09/2022 04:14 PM] |
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