Neil Breitbard v. CDCR, et al
| NEIL BREITBARD |
| CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, GUILLERMO VIERA ROSA, STATE OF CALIFORNIA, JEFFREY A. BEARD, former State of California Secretary, individual capacity, ROBERT AMBROSELLI, former Director of the Department of Adult Parole Operations, individual capacity and DOES, 1 through 21 |
| 22-55793 |
| August 24, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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This docket was last retrieved on September 15, 2022. A more recent docket listing may be available from PACER.
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| Filing 6 Filed clerk order (Deputy Clerk: DC): 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 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, and (2) a form statement that the appeal should go forward. Appellant may use the enclosed forms for any motion to dismiss the appeal or statement that the appeal should go forward. [12540733] (CKP) [Entered: 09/15/2022 02:19 AM] |
| Filing 5 Received copy of District Court order filed on 08/31/2022 denying motion for leave to appeal in forma pauperis. [12531478] (QDL) [Entered: 09/01/2022 09:53 AM] |
| Filing 4 Filed Appellant Neil Breitbard motion to proceed In Forma Pauperis. Deficiencies: None. [12529211] (QDL) [Entered: 08/30/2022 09:00 AM] |
| Filing 3 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12528291] (CKP) [Entered: 08/29/2022 10:53 AM] |
| Filing 2 Fee status changed ( [Case Number 22-55793: IFP] ). [12528289] (CKP) [Entered: 08/29/2022 10:52 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 Neil Breitbard opening brief due 10/24/2022. [12524948] (RT) [Entered: 08/24/2022 11:11 AM] |
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