John Shaw v. Timothy Lindgren, et al
| JOHN SHAW, AKA John Hsia |
| TIMOTHY LINDGREN, Pharmacist, individual capacity, JANE DOE, LA Care Health Plan Pharmacy and Therapeutic (P&T) Committee, JOHN DOE, LA Care Health Plan Pharmacy and Therapeutic (P&T) Committee, L.A. CARE HEALTH PLAN, JEANETTO CATO, A and G Senior Specialist, individual capacity, GABRIELA RUBIO, A and G Senior Specialist, individual capacity and JACKI BUSSIAN, Pharmacist, individual capacity |
| 22-55977 |
| October 21, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 6 Filed Appellant John Shaw motion request. Deficiencies: None. Served on 12/10/2022. [12611370] (JFF) [Entered: 12/15/2022 10:57 AM] |
| Filing 5 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 appellant files a statement that the appeal should go forward, appellee may file a response within 10 days after service of appellants statement The briefing schedule for this appeal is stayed. Appellants motions for extension of time to file the opening brief [ # 2 ], [ # 4 ] are therefore denied as unnecessary because the briefing schedule is stayed. The Clerk will 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. [12608309] (CKP) [Entered: 12/12/2022 02:36 PM] |
| Filing 4 Filed Appellant John Shaw request extension to response. Deficiencies: None. [12605716] (QDL) [Entered: 12/08/2022 02:21 PM] |
| 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. [12583706] (CKP) [Entered: 11/09/2022 12:28 PM] |
| Filing 2 Filed Appellant John Shaw request extension of appeal. Deficiencies: None. [12582941] (QDL) [Entered: 11/08/2022 03:06 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant John Shaw opening brief due 12/13/2022. Appellees Jacki Bussian, Jeanetto Cato, Jane Doe, John Doe, L.A. Care Health Plan, Timothy Lindgren and Gabriela Rubio answering brief due 01/12/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12569969] (JMR) [Entered: 10/21/2022 10:30 AM] |
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