Foley v. Coulter, et al.
| MATTHEW V FOLEY, JR. |
| SEAN STUART COULTER, Attorney for Pima County Public Defender, JEFFREY G AMLEE, State Attorney - Prosecution at Arizona Superior Court Pima County, HOWARD FELL, Judge at Arizona Superior Court, Pima County, KURT E MOSLEY, Attorney for Pima County Public Defender, UNKNOWN CALLAWAY, Detective, Tucson Police Department and TROY G WALLEN, Detective #43007, Tucson Police Department |
| 23-1405 |
| July 10, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 6 MOTION to Voluntarily Dismiss filed by Appellant Matthew V Foley, Jr.. [Entered: 11/13/2023 06:18 PM] |
Filing 5
ORDER FILED. A review of the district courts docket reflects that the district court has certified that appellants in forma pauperis status should not continue because the appeal is frivolous. 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 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 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. [Entered: 10/26/2023 03:57 PM]
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| Filing 4 District Court Order/Notice Received. [Entered: 09/19/2023 02:20 PM] |
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Filing 3
ORDER FILED. This matter is referred to the district court for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate where district court finds the appeal to be frivolous). If the district court elects to revoke in forma pauperis status, the district court is requested to notify this court and the parties of such determination within 21 days of the date of this referral. If the district court does not revoke in forma pauperis status, such status will continue automatically for this appeal pursuant to Fed. R. App. P. 24(a). [Entered: 09/13/2023 04:10 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal No RT Opening Brief Due 9/5/2023. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 07/10/2023 03:36 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 4:23-cv-00062-JAS-PSOT has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 23-1405 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Counsel should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 07/10/2023 03:31 PM] |
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| Plaintiff / appellant: MATTHEW V FOLEY, JR. | |
| Represented By: | Matthew V Foley, Jr |
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| Defendant / appellee: SEAN STUART COULTER, Attorney for Pima County Public Defender | |
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| Defendant / appellee: JEFFREY G AMLEE, State Attorney - Prosecution at Arizona Superior Court Pima County | |
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| Defendant / appellee: HOWARD FELL, Judge at Arizona Superior Court, Pima County | |
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| Defendant / appellee: KURT E MOSLEY, Attorney for Pima County Public Defender | |
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| Defendant / appellee: UNKNOWN CALLAWAY, Detective, Tucson Police Department | |
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| Defendant / appellee: TROY G WALLEN, Detective #43007, Tucson Police Department | |
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