Michael Spengler v. Jamie Anderson, et al
| MICHAEL R. SPENGLER, c/o Cynthia Spengler |
| JAMIE ANDERSON, MITCHELL L. ANDERSON, MICHELLE J. WAGGONER and JEFFREY WAGGONER-ANDERSON |
| 22-55537 |
| May 31, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Civil (Rico) |
Docket Report
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| Filing 21 Filed order (A. WALLACE TASHIMA, SIDNEY R. THOMAS and RICHARD R. CLIFTON) Because the mandate issued in this case on January 5, 2023, the late motion for reconsideration (Docket Entry No. [ # 20 ]) of the courts December 14, 2023, is denied. The request for reconsideration en banc contained within the motion at Docket Entry No. [ # 20 ] is denied on behalf of the court. See 9th Cir. R. 27-10; 9th Cir. Gen. Ord. 6.11. No further filings will be entertained in this closed case. [12677570] (WL) [Entered: 03/20/2023 02:17 PM] |
| Filing 20 Filed Appellant Michael R. Spengler motion for reconsideration and en banc. Deficiencies: Mandate issued. Served on 02/23/2023. [12665105] (HH) [Entered: 03/01/2023 02:11 PM] |
| Filing 19 MANDATE ISSUED. (AWT, SRT and RRC) [12623457] (HH) [Entered: 01/05/2023 09:30 AM] |
| Filing 18 Filed order (A. WALLACE TASHIMA, SIDNEY R. THOMAS and RICHARD R. CLIFTON) Upon a review of the record, the responses to the order to show cause, and the opening brief received on September 7, 2022, we conclude this appeal is frivolous. We therefore deny appellants motion to proceed in forma pauperis (Docket Entry No. [ # 4 ]), see 28 U.S.C. 1915(a), and dismiss this appeal as frivolous, pursuant to 28 U.S.C. 1915(e)(2) (court shall dismiss case at any time, if court determines it is frivolous or malicious). All other pending motions are denied as moot. DISMISSED.[12610235] (WL) [Entered: 12/14/2022 11:03 AM] |
| Filing 17 Filed Appellant Michael R. Spengler statement that appeal should go forward. Served on 11/04/2022. [12585200] (HH) [Entered: 11/10/2022 03:19 PM] |
| Filing 16 Filed Appellant Michael R. Spengler motion to not voluntarily dismiss appeal. Deficiencies: None. Served on 11/04/2022. [12585196] (HH) [Entered: 11/10/2022 03:18 PM] |
| Filing 15 Filed Appellant Michael R. Spengler letter dated 10/21/2022 re: Address update, and request for case status (Copy of public docket sent to appellant). Paper filing deficiency: None. [12583006] (HH) [Entered: 11/08/2022 03:39 PM] |
| Filing 14 Filed Appellant Michael R. Spengler statement why this case isn't frivolous. Served on 10/21/2022. [12583004] (HH) [Entered: 11/08/2022 03:38 PM] |
| Filing 13 Filed Appellant Michael R. Spengler response to court order, and notice of change of address: 2645 E Larkwood Street West Covina, CA 91791. [12573632]--[Edited: address updated. 10/26/2022 by SLM] (HH) [Entered: 10/26/2022 03:07 PM] |
| Filing 12 Filed clerk order (Deputy Clerk: LAB): On August 31, 2022, this court dismissed this appeal for failure to file the opening brief. On September 7, 2022, the court received the opening brief at Docket Entry No. [ # 5 ], dated August 8, 2022. Accordingly, the motion to reinstate this appeal (Docket Entry No. [ # 9 ]) is granted. The August 31, 2022 order is vacated and this appeal is reinstated. A review of the record reflects that this appeal may be frivolous. 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 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 does not move to dismiss this appeal, the court may dismiss the appeal as frivolous, without further notice. Any determination of whether the appeal is frivolous will be based on the opening brief received on September 7, 2022, and appellants statement, if any, in response to this order. 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 remains stayed. [12558256] (WL) [Entered: 10/07/2022 10:25 AM] |
| Filing 11 Received notice of change of address dated 09/01/2022 from Michael R. Spengler in 22-55505, 22-55537. New address: 2645 East Larkwood Street , West Covina, CA 91791. [12537661] [22-55505, 22-55537] (DJV) [Entered: 09/12/2022 08:12 AM] |
| Filing 10 Received notice of change of address dated 09/01/2022 from Michael R. Spengler. New address: 2645 East Larkwood Street, West Covina, CA 91791. [12537245]--[Edited: address updated. 09/09/2022 by SLM] (HH) [Entered: 09/09/2022 03:19 PM] |
| Filing 9 Filed Appellant Michael R. Spengler's General request. Deficiencies: Case dismissed. Served on 08/08/2022. [12535530] (HH) [Entered: 09/07/2022 04:58 PM] |
| Filing 8 Filed Appellant Michael R. Spengler motion for extension of time. Deficiencies: Case dismissed. Served on 08/08/2022. [12535529] (HH) [Entered: 09/07/2022 04:57 PM] |
| Filing 7 Filed Appellant Michael R. Spengler motion to appoint counsel. Deficiencies: Case dismissed. Served on 08/08/2022. [12535526] (HH) [Entered: 09/07/2022 04:56 PM] |
| Filing 6 Received notice of change of address dated 08/02/2022 from Michael R. Spengler. New address: 100 Queen Street Moorhead, MN 56560. [12535522] (HH) [Entered: 09/07/2022 04:53 PM] |
| Filing 5 Received original and 0 copies of Appellant Michael R. Spengler opening brief of 6 pages (Informal: Yes). Served on 08/08/2022. Major deficiency: motion for reconsideration pending. [12535487] (SML) [Entered: 09/07/2022 04:29 PM] |
| Filing 4 Filed Appellant Michael R. Spengler motion for reconsideration and to proceed In Forma Pauperis. Deficiencies: None. Served on 08/08/2022. [12535278] (HH) [Entered: 09/07/2022 03:05 PM] |
| Filing 3 Filed order (Deputy Clerk: DR) Dismissing case for failure to prosecute (Cir. Rule 42-1) Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to file opening brief. This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [12531108] (DR) [Entered: 08/31/2022 04:10 PM] |
| Filing 2 Received copy of amended notice of appeal from district court, filed 6/24/2022. [12488297] (HH) [Entered: 07/07/2022 11:07 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Michael R. Spengler opening brief due 07/22/2022. Appellees Jamie Anderson, Mitchell L. Anderson, Michelle J. Waggoner and Jeffrey Waggoner-Anderson answering brief due 08/22/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12460141] (JMR) [Entered: 05/31/2022 03:31 PM] |
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