Matthew Houston v. Joe Lombardo, et al
| MATTHEW TRAVIS HOUSTON, Clerk is directed to accept no further filings in this closed action, ECF No. 31 |
| JOE LOMBARDO, Sheriff, CAROLYN GOODMAN, CALVIN JOHNSON, TIERRA DANIELLE JONES and DAVID M. JONES |
| 23-15298 |
| March 2, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 3 Filed Appellant Matthew Travis Houston motion to appoint pro bono counsel and emergency motion to exceed page limit on all future briefs and pleadings. Deficiencies: None. Served on 03/15/2023. [12678967] (BJK) [Entered: 03/21/2023 04:32 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: DA): The notice of appeal appears to challenge the district courts February 13, 2023 and February 14, 2023 post-judgment orders denying appellants February 10, 2023 motion to set aside the dismissal. A review of the record reflects that this appeal 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). 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. [12667725] (CKP) [Entered: 03/06/2023 11:35 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Matthew Travis Houston opening brief due 05/01/2023. [12665906] (ABT) [Entered: 03/02/2023 11:52 AM] |
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