Enrique Diaz v. ODOC, et al
| ENRIQUE ZACARIAS DIAZ |
| OREGON DEPARTMENT OF CORRECTIONS, J. CURHA, N. VANWECHAL, L. W. HUGHES, K. HICKEY, K. MURRAY, J. BATEMAN and B. HAYES |
| 22-35675 |
| August 25, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 6 Filed Appellant Enrique Zacarias Diaz motion for correction of defendants' names. Deficiencies: None. [12569292] (QDL) [Entered: 10/20/2022 03:09 PM] |
| Filing 5 Filed Appellant Enrique Zacarias Diaz motion to extend time to file appellant opening brief until 11/18/2022. Deficiencies: None. [12569291] (QDL) [Entered: 10/20/2022 03:08 PM] |
| Filing 4 Filed Appellant Enrique Zacarias Diaz motion to proceed In Forma Pauperis. Deficiencies: None. [12535809] (QDL) [Entered: 09/08/2022 09:44 AM] |
| Filing 3 Filed Appellant Enrique Zacarias Diaz response to order to show cause dated 08/25/2022. [12535807] (QDL) [Entered: 09/08/2022 09:43 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). 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. [12526265] (CKP) [Entered: 08/25/2022 11:49 AM] |
| 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 10/18/2022. [12526048] (JMR) [Entered: 08/25/2022 09:42 AM] |
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