Mikeal Stine v. Merrell, et al
| MIKEAL GLENN STINE |
| MERRELL, First Name Unknown, Lt. SIS, Mr., C. HOWARD, Complex Warden, Ms. and AMANDA STANGL, Unit Manager, Ms. |
| 23-15383 |
| March 15, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
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| Filing 6 Filed (ECF) Appellees C. Howard, Merrell and Amanda Stangl Motion to dismiss the case. Date of service: 05/03/2023. [12708028] [23-15383] --[COURT UPDATE: Attached corrected motion (included certificate of service). 05/03/2023 by TYL] (Linton, Michael) [Entered: 05/03/2023 12:20 PM] |
| Filing 5 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner completed authorization fee order. [12693439] (CKP) [Entered: 04/11/2023 12:39 PM] |
| Filing 4 Received PLRA authorization response from appellant. Dated 03/30/2023. [Case Number 23-15383: Partially Paid] [12692143] (BJK) [Entered: 04/10/2023 11:03 AM] |
| Filing 3 Filed original and 0 copies of Appellant Mikeal Glenn Stine opening brief of 7 pages (Informal: Yes). Served on 04/06/2023. Served by Court via CM/ECF. Filed with minor deficiencies: no certificate of service. [12690610] (KWG) [Entered: 04/06/2023 02:13 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The appeal filed March 13, 2023 appears to be a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 applies. The briefing schedule is established as follows: appellants opening brief is due April 12, 2023; appellees answering brief is due May 10, 2023; and appellants optional reply brief is due within 21 days after service of the answering brief. The appeal and any motions pending at the time briefing is completed will be referred to the next available motions panel for disposition. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). A review of the district court docket reflects that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date. Consequently, appellant's forma pauperis status continues in this court. Fed. R. App. P. 24(a). Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant must pay the full amount of the filing and docketing fees for this appeal when funds are available in appellant's account. Consequently, within 21 days after the filing date of this order, appellant shall complete and file with this court the enclosed authorization form, which directs the prison officials at appellant's institution to assess, collect, and forward to the court the $505.00 filing and docketing fees for this appeal on a monthly basis whenever funds exist in appellant's trust fund account. These fees will continue to be collected regardless of the date or manner of disposition of this appeal. See 28 U.S.C. 1915(b)(2) and (e)(2). Appellant is not responsible for payment when the funds in appellants prison trust account total less than $10.00, but payments must resume when additional deposits are made or funds are otherwise available. Failure to file timely the opening brief will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12675214] (CKP) [Entered: 03/16/2023 09:26 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Mikeal Glenn Stine opening brief due 05/12/2023. Appellees C. Howard, Merrell and Amanda Stangl answering brief due 06/12/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12674424] (JMR) [Entered: 03/15/2023 10:00 AM] |
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