Pedro Segura, Sr. v. Tad Larson, et al
| PEDRO SEGURA, Sr. |
| TAD LARSON, Commander, MARION COUNTY SHERIFF'S OFFICE - JAIL and JOHN DOES |
| 22-35977 |
| November 23, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
|---|
| PEDRO SEGURA, SR. V. TAD LARSON, ET AL |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 Filed clerk order (Deputy Clerk: DA): On January 6, 2023, this court issued an order staying appellate proceedings pending disposition of the November 17, 2022 motion in the district court. On January 6, 2023, the district court denied the motion. The stay order filed January 6, 2023, is lifted and this appeal will proceed. To challenge the district courts decision on the post-judgment motion, appellant must file an amended notice of appeal within the time set by Federal Rule of Appellate Procedure 4. See Fed. R. App. P. 4(a)(4). A review of the district court docket reflects that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date. Consequently, appellants in forma pauperis status continues in this court. Fed. R. App. P. 24(a). Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant must pay the full amount of the filing and docketing fees for this appeal when funds are available in appellants account. Consequently, within 21 days after the filing date of this order, appellant must complete and file with this court the enclosed authorization form, which directs the prison officials at appellants institution to assess, collect, and forward to the court the $505.00 filing and docketing fees for this appeal on a monthly basis whenever funds exist in appellant's trust fund account. These fees will continue to be collected regardless of the date or manner of disposition of this appeal. See 28 U.S.C. 1915(b)(2) and (e)(2). Appellant is not responsible for payment when the funds in appellants prison trust account total less than $10.00, but payments must resume when additional deposits are made or funds are otherwise available. Appellants opening brief is due April 17, 2023. Appellees answering brief is due May17, 2023. The optional reply brief is due within 21 days after service of the answering brief. Because appellant is proceeding without counsel, appellant is not required to file excerpts of record. See 9th Cir. R. 30-1.3. If appellant does not file excerpts of record, appellees must file Supplemental Excerpts of Record that contain all of the documents that are cited in the pro se opening brief or otherwise required by Rule 30-1.4, as well as the documents that are cited in the answering brief. See id. If appellant fails to comply with this order, the appeal may be dismissed by the Clerk. See 9th Cir. R. 42-1. The Clerk will send appellant a prisoner authorization form. [12628897] (CKP) [Entered: 01/12/2023 01:24 AM] |
| Filing 8 Filed clerk order (Deputy Clerk: DA): The courts records reflect that the notice of appeal was filed during the pendency of a timely-filed motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The November 18, 2022 notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court are held in abeyance pending the district courts resolution of the pending November 17, 2022 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Appellants motion for an extension of time to file the opening brief is therefore denied as unnecessary [ # 5 ]. Within 14 days after the district courts ruling on the pending motion, appellant shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk will serve this order on the district court. [12624811] (CKP) [Entered: 01/06/2023 01:33 PM] |
| Filing 7 Sent: Appellant Pedro Segura, Sr. - docket sheet and rules - per request [ # 6 ] [12620425] (ER) [Entered: 12/30/2022 11:04 AM] |
| Filing 6 Filed Appellant Pedro Segura, Sr. letter dated 12/20/2022 re: Request for copy of docket sheet and rules. Paper filing deficiency: None. [12620103] (QDL) [Entered: 12/29/2022 03:03 PM] |
| Filing 5 Filed Appellant Pedro Segura, Sr. motion to extend time to file appellant opening brief until 04/17/2023. Deficiencies: None. Served on 12/21/2022. [12620020] (QDL) [Entered: 12/29/2022 01:51 PM] |
| Filing 4 Received notice of change of address dated 12/20/2022 from Pedro Segura, Sr.. New address: #12893665, C.C.I.C., 24499 SW Grahams Ferry Road, Wilsonville, OR 97070. [12620017] --[Edited: Updated Address. 12/29/2022 by TYL] (QDL) [Entered: 12/29/2022 01:47 PM] |
| Filing 3 Attorney Jane Vetto in 22-35977 substituted by Attorney John Adams in 22-35977 [12606469] (QDL) [Entered: 12/09/2022 10:09 AM] |
| Filing 2 Filed (ECF) notice of appearance of John D. Adams (Marion County Legal Counsel, 555 Court St NE, Suite 5242, PO Box 14500 Salem, Oregon 97309) for Appellees John Does, Tad Larson and Marion County Sheriff's Office - Jail. Substitution for Attorney Ms. Jane Vetto for Appellees John Does, Tad Larson and Marion County Sheriff's Office - Jail. Date of service: 12/09/2022. (Party was previously proceeding with counsel.) [12606435] [22-35977] (Adams, John) [Entered: 12/09/2022 09:53 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Pedro Segura Sr. opening brief due 01/17/2023. Appellees John Does, Tad Larson and Marion County Sheriff's Office - Jail answering brief due 02/16/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12594899] (ABT) [Entered: 11/23/2022 10:56 AM] |
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