Kim Rogers v. Katherine Lester, et al
| KIM EDWARD ROGERS |
| KATHERINE LESTER, Sacramento Police Chief, K. SIMMONS, #693, P. FONG, #3015, SACRAMENTO POLICE DEPARTMENT, DON NOTTOLI, Chair Sacramento Board of Supervisors, RICH DESMOND, Vice-Chair Sacramento Board of Supervisors, PHIL SERNA, Sacramento Board of Supervisors, PATRICK KENNEDY, Sacramento Board of Supervisors and SUE TRUST, Sacramento Board of Supervisors |
| 23-15193 |
| February 13, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 8 Filed original and 6 copies of Appellant Kim Edward Rogers opening brief of 23 pages (Informal: No). Served on 04/11/2023. (motion for IFP pending, briefing remains stayed) [12695124] (KWG) [Entered: 04/13/2023 12:33 PM] |
| Filing 7 Filed Appellant Kim Edward Rogers motion to proceed In Forma Pauperis. Deficiencies: None. Served on 04/10/2023. [12694387] (BJK) [Entered: 04/12/2023 02:41 PM] |
| Filing 6 Filed response that appeal should go forward. Served on 04/10/2023. [12694380] (BJK) [Entered: 04/12/2023 02:38 PM] |
| Filing 5 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 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. 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. [12667691] (CKP) [Entered: 03/06/2023 11:14 AM] |
| Filing 4 Received copy of District Court order filed on 03/03/2023 revoking IFP. [12667230] (BJK) [Entered: 03/03/2023 04:59 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. [12662380] (CKP) [Entered: 02/27/2023 11:58 AM] |
| Filing 2 Filed Appellant Kim Edward Rogers certificate of service dated 02/17/2023 re:notice designating record on appeal. Paper filing deficiency: None. [12659214] (BJK) [Entered: 02/22/2023 04:07 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 03/13/2023. Transcript due 04/11/2023. Appellant Kim Edward Rogers opening brief due 05/22/2023. Appellees Rich Desmond, P. Fong, Patrick Kennedy, Katherine Lester, Don Nottoli, Sacramento Police Department, Phil Serna, K. Simmons and Sue Trust answering brief due 06/20/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12651652] (JMR) [Entered: 02/13/2023 10:59 AM] |
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