Roberto Durand v. Nevada, State of, et al
| ROBERTO DURAND |
| NEVADA, STATE OF, terminated per #9 FAC, ELY STATE PRISON, terminated per #9 FAC, EXUM, Dr. terminated per #9 FAC, LEE, terminated per #9 FAC Dr., TIMOTHY FILSON, terminated per #9 FAC, CLAY, Ms. terminated per #9 FAC, LONGBRAKE, Ms. terminated per #9 FAC, WILLIAM REUBART, BETEJAR, terminated per #9 FAC, Mr., CHARLES DANIELS, #9 FAC, WILLIAM GITTERE, Warden #9 FAC, WHEELER, #9 FAC, STUBBS, #9 FAC and DAVID DRUMMOND, Added per Second Amended Complaint |
| 23-15280 |
| February 28, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 5 Filed order (Deputy Clerk: CKP) Motion to dismiss case for failure to prosecute (Cir. Rule 42-1). Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to respond to order. (Order dated 03/06/2023). This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [12701533] (CKP) [Entered: 04/24/2023 01:27 PM] |
| Filing 4 Added Attorney(s) Chris Davis for party(s) Appellee Wheeler Appellee Stubbs, in case 23-15280. [12675010] (BJK) [Entered: 03/15/2023 04:45 PM] |
| Filing 3 Filed (ECF) notice of appearance of Chris William Davis (State of Nevada Office of the Attorney General 555 E. Washington Ave., Ste. 3900 Las Vegas, Nevada 89101) for Appellees Wheeler and Stubbs. Date of service: 03/15/2023. (Party was previously proceeding with counsel.) [12674700] [23-15280] (Davis, Chris) [Entered: 03/15/2023 01:29 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): A review of the record reflects that this appeal of the district courts February 21, 2023 post-judgment order may be frivolous. 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). 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. 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. [12667701] (CKP) [Entered: 03/06/2023 11:21 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Roberto Durand opening brief due 04/24/2023. Appellees Betejar, Clay, Charles Daniels, David Drummond, Ely State Prison, Exum, Timothy Filson, William Gittere, Lee, Longbrake, Nevada, State of, William Reubart, Stubbs and Wheeler answering brief due 05/23/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12664077] (ABT) [Entered: 02/28/2023 03:06 PM] |
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