James Banks v. LVMPD, et al
JAMES VINCENT BANKS |
LAS VEGAS METROPOLITAN POLICE DEPARTMENT, JOSEPH LOMBARDO, MICHAEL JOHNSON, JOSHUA COSTELLO, THOMAS THOMPSON, Sergant, C. MYER, TAYLOR, Sgt., DEREK FRANKLIN, Police Officer, DANTE TROMBA, BRIAN FUCILE, CAREY DOE, Doctor-Carey-Doe (M.D), MARCUS DOE, Nurse-Marcus-Doe (RN), OKADA, OSCAR CARDENAS, (P#16013), JOSHUA IMPERIAL, (P#15481), WELLPATTT, INC., LLC, IVONNE, CHRISTOPHER PASCOE, JOSHUA YOUNGER and FLITCRAFT, Officer |
23-15749 |
May 17, 2023 |
U.S. Court of Appeals, Ninth Circuit |
Prisoner-Civil Rights |
Docket Report
This docket was last retrieved on June 14, 2023. A more recent docket listing may be available from PACER.
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Filing 6 Mail returned on 06/12/2023 addressed to James Vincent Banks, re: [ # 3 ] 1915 Notice. Returned envelope notes: Moved: New address unknown. Resending to: case files; no forwarding address found [12735828] (JBS) [Entered: 06/14/2023 01:15 PM] |
Filing 5 Fee status changed ( [Case Number 23-15749: IFP] ). [12733343] (JW) [Entered: 06/12/2023 09:10 AM] |
Filing 4 Filed United States District Court District of Nevada: District Court's response to Ninth Circuit's referral notice [ECF No. 24]. Served on 06/07/2023. However, because no opening brief has been filed, I am unable to fully determine if the appeal is frivolous or not. Neitzke v. Williams, 490 U.S. 319, 325 (1989) (an appeal is frivolous if it lacks any arguable basis in law or fact). Whether that is a sufficient basis to revoke in forma pauperis status under the language of 18 U.S.C. 1915(a)(3), I leave to the Ninth Circuit to decide. Cf. Hooker v. American Airlines, 302 F.3d 1091 (9th Cir. 2002) (28 U.S.C. 1915(a) requires in forma pauperis status to be authorized for an appeal as a whole and not on a piecemeal basis by particular claims.). The Clerk of Court is directed to serve a copy of this response on the parties and the Ninth Circuit Court of Appeals. [12732536] (RL) [Entered: 06/09/2023 11:26 AM] |
Filing 3 Filed referral notice (Deputy Clerk: MCD: Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12720215] (CKP) [Entered: 05/22/2023 01:26 PM] |
Filing 2 Filed referral notice (Deputy Clerk: MCD: Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12719793] (CKP) [Entered: 05/22/2023 06:37 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 James Vincent Banks opening brief due 07/17/2023. [12717419] (ABT) [Entered: 05/17/2023 10:44 AM] |
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