Malcolm Hanson v. Board of Parole Hearings, et al
| MALCOLM HANSON |
| BOARD OF PAROLE HEARINGS, TROY TAIAMINE, ERVA, DOZEL, KEN ALLEN, LETIZIA RING, ITORE and WOODWARD |
| 23-15850 |
| June 7, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| 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). 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. [12740137] (CKP) [Entered: 06/21/2023 12:01 PM] |
| Filing 3 Received copy of District Court order filed on 06/19/2023 ORDER. Notice and order finding that appeal was not taken in good faith. Therefore, the appeal is frivolous. Accordingly, the Court ORDERS: 1. Pursuant to Fed. R. App. P. 24(a)(4)(B), the Court finds that the appeal is frivolous and was not taken in good faith. 2. Pursuant to Fed. R. App. P. 24(a)(4), the Clerk of the Court shall serve this order on Plaintiff and the Court of Appeals for the Ninth Circuit. IT IS SO ORDERED. [12739009] (RL) [Entered: 06/20/2023 12:07 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. [12732204] (CKP) [Entered: 06/08/2023 04:51 PM] |
| 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 Malcolm Hanson opening brief due 08/04/2023. [12731161] (ABT) [Entered: 06/07/2023 03:18 PM] |
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