Samuel Valdez v. Department of Corrections, et al
| SAMUEL VALDEZ |
| DEPARTMENT OF CORRECTIONS, STATE OF WASHINGTON, YVETTE STUBBS, Legal Liaison and GRUBB, Counselor (A Pod) |
| 22-35667 |
| August 24, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
|---|
| SAMUEL VALDEZ V. DEPARTMENT OF CORRECTIONS, ET AL |
Docket Report
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This docket was last retrieved on October 20, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 Filed Appellant Samuel Valdez response to 9-15-22 order; Statement that appeal should go forward . Served on 10/11/2022. [12570174] (BJK) [Entered: 10/21/2022 12:27 PM] |
| Filing 8 Deleted Incorrect Entry. Correct entry to follow. Notice about deletion sent to case participants registered for electronic filing. Original Text: Filed Appellant Samuel Valdez letter dated 10/11/2022 re:Statement that appeal should go forward. Paper filing deficiency: None. [12569497] (BJK) [Entered: 10/20/2022 04:32 PM] |
| Filing 7 Filed original and 0 copies of Appellant Samuel Valdez opening brief of 15 pages (Informal: Yes). Served on 09/20/2022. (Briefing remains stayed) [12549610] (KT) [Entered: 09/26/2022 02:53 PM] |
| Filing 6 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, appellee 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. [12541386] (CKP) [Entered: 09/15/2022 02:18 PM] |
| Filing 5 Received copy of District Court order filed on 09/13/2022 ORDER. In this Courts view, these were not close questions. It does not conclude that Valdez is appealing in bad faith, but it must conclude that his appeal is frivolous. Valdezs in forma pauperis status should NOT continue for his appeal of the Courts Order and Judgment. IT IS SO ORDERED. [12540027] (RL) [Entered: 09/14/2022 11:23 AM] |
| Filing 4 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12539161] (CKP) [Entered: 09/13/2022 12:34 PM] |
| Filing 3 Filed Appellant Samuel Valdez Form CJA 23 Financial Affidavit. Paper filing deficiency: None. [12536907] (QDL) [Entered: 09/09/2022 11:41 AM] |
| Filing 2 Received Appellant Samuel Valdez notice of appeal. [12536905] (QDL) [Entered: 09/09/2022 11:40 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Samuel Valdez opening brief due 10/24/2022. Appellees Department of Corrections, Grubb, State of Washington and Yvette Stubbs answering brief due 11/21/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12524811] (JMR) [Entered: 08/24/2022 10:25 AM] |
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