Andrew Lopez v. D. Thomas
| ANDREW RICK LOPEZ |
| D. C. THOMAS, Correctional Officer |
| 23-15255 |
| February 23, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
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This docket was last retrieved on April 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 8 Filed clerk order (Deputy Clerk: DA): The court has received appellants notice of payment of the filing fee (Docket Entry No. [6]). On April 13, 2023, the district court updated its docket to reflect that the docketing and filing fees for this appeal were paid on March 2, 2023. Accordingly, the Clerk will update this courts docket to reflect the fees status for the appeal as paid. The briefing schedule established in the courts March 31, 2023 order remains in effect. [12696020] (OC) [Entered: 04/14/2023 02:57 PM] |
| Filing 7 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 04/13/2023. [12695796] (RT) [Entered: 04/14/2023 11:39 AM] |
| Filing 6 Filed Appellant Andrew Rick Lopez notice that the filing fee has been paid Dated 04/07/2023. Paper filing deficiency: None. [12693615] (RL) [Entered: 04/11/2023 02:24 PM] |
| Filing 5 Attorney Daniel Shu Hao Duan substituted by Attorney George R. Morris. [12690555] (RL) [Entered: 04/06/2023 01:41 PM] |
| Filing 4 Filed (ECF) notice of appearance of George R. Morris (Attorney General's Office, California Department of Justice 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102) for Appellee D. C. Thomas. Substitution for Attorney Mr. Daniel Shu Hao Duan, Esquire for Appellee D. C. Thomas. Date of service: 04/06/2023. (Party was previously proceeding with counsel.) [12690534] [23-15255] (Morris, George) [Entered: 04/06/2023 01:30 PM] |
| Filing 3 Filed order (A. WALLACE TASHIMA, SIDNEY R. THOMAS and LUCY H. KOH) This court has reviewed the notice of appeal and accompanying documents filed February 17, 2023 in the above-referenced district court docket pursuant to the pre-filing review order entered in docket No. 09-80092. Appeal No. 23-15255 will be permitted to proceed. A review of this courts docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant must pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. Failure to pay the fees or file a motion to proceed in forma pauperis will result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The opening brief is due May 30, 2023. The answering brief is due June 29, 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, appellee 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. The filing of a motion to proceed in forma pauperis will automatically stay the briefing schedule under Ninth Circuit Rule 27-11. The Clerk will serve a case opening packet and a Form 4 financial affidavit on appellant. [12686809] (OC) [Entered: 03/31/2023 03:04 PM] |
| Filing 2 Fee status changed ( [Case Number 23-15255: Due] ). [12679751] (CKP) [Entered: 03/22/2023 02:46 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. This appeal is subject to a pre-filing review order in case number 09-80092. The appeal will be reviewed by the Court to determine whether it will be allowed to proceed. No briefing schedule will be set until/unless the Court determines that the appeal should be allowed to proceed. [12660157] (RT) [Entered: 02/23/2023 03:20 PM] |
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| Plaintiff / appellant: ANDREW RICK LOPEZ | |
| Represented By: | Andrew Rick Lopez |
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| Defendant / appellee: D. C. THOMAS, Correctional Officer | |
| Represented By: | Daniel Shu Hao Duan Esquire |
| Represented By: | George R. Morris |
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