Etuate Sekona v. F. Custino, et al
| ETUATE SEKONA |
| F. CUSTINO, Correctional Officer, Mule Creek State Prison, F. ANGLE, Correctional Officer, Mule Creek State Prison, L. SNOW, Correctional Officer, Mule Creek State Prison and J. CHARON, Lieutenant, Mule Creek State Prison |
| 23-15848 |
| June 7, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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This docket was last retrieved on July 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 Filed Appellant Etuate Sekona statement that appeal should go forward; cover letter. Served on 07/10/2023. [12760976] (RL) [Entered: 07/24/2023 04:57 PM] |
| Filing 10 Streamlined request by Appellant Etuate Sekona to extend time to file the brief is not approved because it is unnecessary. The briefing schedule is stayed pending resolution of the motion included in Docket Entry No. 5 and 9. See See 9th Cir. R. 27-11. [12759360] (DR) [Entered: 07/21/2023 10:14 AM] |
| Filing 13 Filed Appellant Etuate Sekona letter dated 07/17/2023 re: Questions concerning case. Paper filing deficiency: None. [12759530] (RL) [Entered: 07/21/2023 12:12 PM] |
| Filing 12 Filed Appellant Etuate Sekona FORM 27 motion for opening brief exceed more pages. Deficiencies: None. Served on 07/17/2023. [12759529] (RL) [Entered: 07/21/2023 12:10 PM] |
| Filing 11 ENTRY UPDATED. Filed Appellant Etuate Sekona FORM 14 motion for extension of time. Deficiencies: None. Served on 07/17/2023. [12759524] [12759524]--[Edited 07/21/2023 by RL] (RL) [Entered: 07/21/2023 12:08 PM] |
| Filing 9 Filed Appellant Etuate Sekona FORM 24 motion for appointment of counsel. Deficiencies: None. Served on 06/27/2023. [12748744] (RL) [Entered: 07/05/2023 12:17 PM] |
| Filing 8 Filed Appellant Etuate Sekona 6 month statement. Dated 06/27/2023. Paper filing deficiency: None. [12748628] (RL) [Entered: 07/05/2023 10:54 AM] |
| Filing 7 Sent: Appellant Etuate Sekona FRAP Rule Book and docket sheet per request [ # 6 ] [12746863] (ER) [Entered: 06/30/2023 02:12 PM] |
| Filing 6 Filed Appellant Etuate Sekona letter dated 06/15/2023 re: Request for Rules Book and docket sheet. Paper filing deficiency: None. [12746797] (RL) [Entered: 06/30/2023 01:46 PM] |
| Filing 5 Filed Appellant Etuate Sekona FORM 4 motion and affidavit for permission to proceed in forma pauperis. Deficiencies: None. Served on 06/15/2023. [12746795] (RL) [Entered: 06/30/2023 01:44 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: MCD): A review of the district courts docket reflects that the district court has certified that this appeal is not taken in good faith and has revoked appellants in forma pauperis status. See 28 U.S.C. 1915(a). 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, appellees may file a response within 10 days after service of appellants statement. The briefing schedule for this appeal is stayed. The Clerk shall 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. [12740128] (CKP) [Entered: 06/21/2023 11:53 AM] |
| Filing 3 Received copy of District Court order filed on 06/16/2023 ORDER. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiffs in forma pauperis status on appeal is hereby REVOKED; and 2. The Clerk of the Court is directed to serve this Order on the Ninth Circuit Court of Appeals in Case No. 23-15848. IT IS SO ORDERED. [12739017] (RL) [Entered: 06/20/2023 12:09 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. [12731798] (CKP) [Entered: 06/08/2023 12:33 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Etuate Sekona opening brief due 08/01/2023. Appellees F. Angle, J. Charon, F. Custino and L. Snow answering brief due 08/31/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12731339] (ABT) [Entered: 06/07/2023 04:53 PM] |
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