John Todd v. Gale McMahon, et al
| JOHN H. TODD |
| GALE A. MCMAHON, KLAMATH COUNTY DISTRICT ATTORNEY'S OFFICE and KLAMATH COUNTY |
| 22-36013 |
| December 9, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 11 Filed Appellant John H. Todd reply to response to motion. [12641948] (NAC) [Entered: 01/30/2023 12:20 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: MF): The court has received appellants motion for voluntary dismissal of the appeal and appellees response. Within 21 days after the date of this order, appellant must file either a reply to appellees response, or a renewed motion for voluntary dismissal of the appeal using the enclosed form. Failure to respond to this order may result in the denial of the motion to voluntarily dismiss the appeal and the dismissal of the appeal as frivolous. The Clerk will send appellant a form motion for voluntary dismissal along with this order. [12624329] (CKP) [Entered: 01/05/2023 11:38 PM] |
| Filing 9 Filed (ECF) Appellees Klamath County, Klamath County District Attorney's Office and Gale A. McMahon response to motion ([ # 8 ] Party Motion). Date of service: 01/03/2023. [12621526] [22-36013] (Hisel, Aaron) [Entered: 01/03/2023 12:47 PM] |
| Filing 8 Filed Appellant John H. Todd motion to dismiss case pursuant to FRAP 42(b). Deficiencies: None [12620973] (NAC) [Entered: 01/03/2023 07:30 AM] |
| Filing 7 Filed clerk order (Deputy Clerk: JW): A review of the district courts docket reflects that the district court has certified that this appeal is frivolous 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 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. [12615654] (CKP) [Entered: 12/21/2022 11:35 AM] |
| Filing 6 Received copy of District Court order filed on 12/20/2022. Because Plaintiff's appeal is frivolous, Plaintiff's IFP status is revoked. See 28 U.S.C. 1915(a)(3); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). [12615364] (NAC) [Entered: 12/21/2022 07:27 AM] |
| Filing 5 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12610760] (CKP) [Entered: 12/14/2022 03:10 PM] |
| Filing 4 Attorney Gerald L. Warren in 22-36013 substituted by Attorneys Aaron Paul Hisel and Elizabeth A. Jones in 22-36013 [12609994] (NAC) [Entered: 12/14/2022 09:10 AM] |
| Filing 3 Filed (ECF) notice of appearance of Elizabeth A. Jones (Law Offices of Montoya, Hisel and Associates, 901 Capitol Street NE, Salem, OR 97301) for Appellees Gale A. McMahon, Klamath County District Attorney's Office and Klamath County. Substitution for Attorney Mr. Gerald L. Warren for Appellees Klamath County, Klamath County District Attorney's Office and Gale A. McMahon. Date of service: 12/14/2022. (Party was previously proceeding with counsel.) [12609970] [22-36013] (Jones, Elizabeth) [Entered: 12/14/2022 09:03 AM] |
| Filing 2 Filed (ECF) notice of appearance of Aaron P. Hisel (Law Offices of Montoya, Hisel and Associates, 901 Capitol Street NE, Salem, OR 97301) for Appellees Klamath County, Gale A. McMahon and Klamath County District Attorney's Office. Substitution for Attorney Mr. Gerald L. Warren for Appellees Klamath County, Klamath County District Attorney's Office and Gale A. McMahon. Date of service: 12/14/2022. (Party was previously proceeding with counsel.) [12609965] [22-36013] (Hisel, Aaron) [Entered: 12/14/2022 09:01 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant John H. Todd opening brief due 02/06/2023. Appellees Klamath County, Klamath County District Attorney's Office and Gale A. McMahon answering brief due 03/08/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12606660] (JMR) [Entered: 12/09/2022 11:34 AM] |
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