Marty Fitzgerald v. Greg Martin, et al
| MARTY SCOTT FITZGERALD |
| GREG MARTIN, LPN, TIMOTHY FILSON, Second Amended Complaint ECF No. 14, JAMES DZURENDA, ROMERO ARANAS, NEVADA DEPARTMENT OF CORRECTIONS, STATE OF NEVADA, MICHAEL KOEHN, Doctor; Amended Complaint, RENEE BAKER, Warden, Amended Complaint, MIKE BYRNE, Second Amended Complaint ECF No. 14, E. K. MCDANIEL, Second Amended Complaint ECF No. 14, DA JONES, CN, III, Amended Complaint, G. CARPENTER, Amended Complaint, FOSTER, Ms.; Second Amended Complaint ECF No. 14, DEAL, Second Amended Complaint ECF No. 14 and SISCO, Second Amended Complaint ECF No. 14 |
| 23-15074 |
| January 20, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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This docket was last retrieved on March 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 10 Filed original and 5 copies of Appellant Marty Scott Fitzgerald opening brief of 12 pages (Informal: Yes). Served on 03/14/2023. Served by Court via CM/ECF. Filed with minor deficiencies: no certificate of service. [12674097] (SML) [Entered: 03/14/2023 04:05 PM] |
| Filing 9 Filed order (MILAN D. SMITH, JR. and DANIEL A. BRESS): The court, in its discretion, denies the motion for appointment of pro bono counsel (Docket Entry No. [ # 5 ]). The opening brief is due April 10, 2023. The answering brief is due May 10, 2023. The optional reply brief is due within 21 days after service of the answering brief. Because appellant is proceeding without counsel, appellant is not required to file excerpts of record. See 9th Cir. R. 30-1.3. If appellant does not file excerpts of record, appellees must file Supplemental Excerpts of Record that contain all of the documents that are cited in the pro se opening brief or otherwise required by Rule 30-1.4, as well as the documents that are cited in the answering brief. See id. Because the notice of appeal was not filed within 30 days after the judgment entered on July 7, 2022, the scope of this appeal is limited to review of the December 29, 2022 order denying the motion for reconsideration. See Fiester v. Turner, 783 F.2d 1474 (9th Cir. 1986) (untimely motion does not suspend time to appeal). [12660784] (AF) [Entered: 02/24/2023 10:56 AM] |
| Filing 8 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner completed authorization fee order. [12645266] (CKP) [Entered: 02/02/2023 03:57 PM] |
| Filing 7 Received Appellant Marty Scott Fitzgerald copy of USDC designation of transcipts. [12645132] (QDL) [Entered: 02/02/2023 02:53 PM] |
| Filing 6 Received PLRA authorization response from appellant. Dated 01/27/2023. [Case Number 23-15074: Partially Paid] [12645119] (QDL) [Entered: 02/02/2023 02:49 PM] |
| Filing 5 Filed Appellant Marty Scott Fitzgerald motion for appointment of counsel. Deficiencies: None. Served on 01/26/2023. [12641176] (QDL) [Entered: 01/27/2023 04:06 PM] |
| Filing 4 Received copy of District Court order filed on 01/27/2023. MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 1/27/2023. Plaintiff has filed a motion for appointment of counsel. (ECF No. 164 .) To the extent the motion seeks appointment of counsel to represent Plaintiff in the underlying case, the motion (ECF No. 164 ) is denied as moot because the case is closed. To the extent the motion seeks appointment of counsel in connection with Plaintiff's appeal, Plaintiff will need to file a motion for appointment of counsel in connection with the appeal. The Court will nevertheless direct the Clerk's Office to forward a copy of the motion to the Court of Appeals. (no image attached) [12641171] (QDL) [Entered: 01/27/2023 04:05 PM] |
| Filing 3 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner fee authorization form sent to prisoner. [12635596] (CKP) [Entered: 01/23/2023 09:26 AM] |
| Filing 2 Fee status changed ( [Case Number 23-15074: IFP] ). [12635591] (CKP) [Entered: 01/23/2023 09:25 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Marty Scott Fitzgerald opening brief due 03/20/2023. Appellees Romero Aranas, Renee Baker, Warden, Mike Byrne, G. Carpenter, Deal, James Dzurenda, Timothy Filson, Foster, DA Jones, Michael Koehn, Greg Martin, E. K. McDaniel, Nevada Department of Corrections, Sisco and State of Nevada answering brief due 04/18/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12634933] (JMR) [Entered: 01/20/2023 01:39 PM] |
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