Christen Beckner v. Arizona Department of Corrections Rehabilitation a, et al
| CHRISTEN BECKNER |
| ARIZONA DEPARTMENT OF CORRECTIONS REHABILITATION AND REENTRY, ARIZONA STATE PRISON COMPLEX, DOUGLAS, in its individual capacity and official capacity and MONICA TAYLOR, Deputy Warden in her individual capacity and official capacity |
| 23-15510 |
| April 6, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
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| Filing 6 Filed Appellant Christen Beckner motion to the appellate Court stating Plaintiff filed the appeal in a timely manner. Deficiencies: None. [12718490] (NAC) [Entered: 05/18/2023 01:14 PM] |
| Filing 5 Filed order (Deputy Clerk: MCD): 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 04/07/2023), This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. Filed order (Deputy Clerk: MCD): 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 04/07/2023), This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. Filed order (Deputy Clerk: MCD): 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 04/07/2023). This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. Filed order (Deputy Clerk: MCD): 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 04/07/2023). This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. {dktEntryId (CKP) [Entered: 05/08/2023 12:45 PM] |
Filing 4
Received copy of District Court order filed on 04/18/2023. REVOKING Plaintiff's in forma pauperis status. It is further ordered directing the Clerk of the Court to notify Plaintiff and the Ninth Circuit Court of Appeals of this order under Fed. R. App. P. 24(a)(4). Plaintiff may file a motion for leave to proceed IFP on appeal in the Ninth Circuit Court of Appeals within thirty (30) days after service of the notice of this Order as prescribed under Fed. R. App. P. 24(a)(5). Signed by Judge John C Hinderaker on 4/17/2023. [12698666] (NAC) [Entered: 04/19/2023 01:29 PM]
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| Filing 3 Filed clerk order (Deputy Clerk: MF): The district court judgment was entered on the docket on January 26, 2023. Appellants motion for reconsideration of the judgment was dated February 7, 2023, but was not filed until March 6, 2023. Thus, the motion for reconsideration was not filed within 28 days after the entry of the judgment. See Fed. R. App. P. 4(a)(4). The district court denied the motion for reconsideration on March 13, 2023. Appellant filed a timely notice of appeal from that order on March 31, 2023. Because appellant is a pro se prisoner, however, the motion for reconsideration is deemed filed when it was delivered to prison authorities for forwarding to the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Accordingly, within 21 days after the date of this order, appellant must file with this court a declaration or notarized statement attesting to the date on which the motion for reconsideration was deposited in the institutions internal mail system and whether first-class postage was prepaid, or otherwise show cause why the scope of the appeal should not be limited to a review of the March 13, 2023 order denying the motion for reconsideration. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009); Fiester v. Turner, 783 F.2d 1474 (9th Cir. 1986) (untimely motion does not suspend time to appeal). If appellant does not comply with this order, the Clerk will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of this court. The Clerk will serve a Form 33 Inmate Declaration of Timely Filing on appellant along with this order. [12691320] (CKP) [Entered: 04/07/2023 12:34 PM] |
| Filing 2 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12690974] (CKP) [Entered: 04/07/2023 09:38 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 Christen Beckner opening brief due 05/30/2023. [12690833] (ABT) [Entered: 04/06/2023 04:25 PM] |
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| Plaintiff / appellant: CHRISTEN BECKNER | |
| Represented By: | Christen Beckner |
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| Defendant / appellee: ARIZONA DEPARTMENT OF CORRECTIONS REHABILITATION AND REENTRY | |
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| Defendant / appellee: ARIZONA STATE PRISON COMPLEX, DOUGLAS, in its individual capacity and official capacity | |
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| Defendant / appellee: MONICA TAYLOR, Deputy Warden in her individual capacity and official capacity | |
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