Mark Fregia v. P. Miranda, et al
| MARK ANTHONY FREGIA |
| P. A. MIRANDA, SAVAGE and RIDGE |
| 23-15893 |
| June 16, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.
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| Filing 10 Filed Appellant Mark Anthony Fregia motion to appoint pro bono counsel, to extend time to file appellant opening brief for 60 days and notice to state bar association of misconduct by state court official and supplemental request for sanctions and monetary injunction. Deficiencies: None. Served on 07/29/2023. [12769718] (BJK) [Entered: 08/07/2023 03:24 PM] |
| Filing 9 Filed Appellant Mark Anthony Fregia motion for santions against deputy attorneys general and eastern district court clerk. Deficiencies: None. Served on 07/23/2023. [12764363] (BJK) [Entered: 07/28/2023 02:17 PM] |
| Filing 8 Filed Appellant Mark Anthony Fregia letter dated 07/08/2023 re: Notification/Verification of the filing of a motion to extend time to file his opening brief. Paper filing deficiency: None. [12754951] (BJK) [Entered: 07/13/2023 03:42 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: MCD): Appellants motion for an extension of time to file the opening brief [ # 5 ] is granted. Appellants opening brief is due August 9, 2023; appellees answering brief is due September 5, 2023; and appellants optional reply brief is due within 21 days after service of the answering brief. 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. [12754480] (CKP) [Entered: 07/13/2023 10:34 AM] |
| Filing 6 CLERK ORDER FILED (Deputy Clerk: MCD): Prisoner completed authorization fee order. [12754344] (CKP) [Entered: 07/13/2023 09:36 AM] |
| Filing 5 Filed Appellant Mark Anthony Fregia motion to extend time to file appellant opening brief until 08/09/2023. Deficiencies: None. Served on 07/05/2023. [12752971] (BJK) [Entered: 07/11/2023 01:36 PM] |
| Filing 4 Received PLRA authorization response from appellant. Dated 07/05/2023. [Case Number 23-15893: Partially Paid] [12752969] (BJK) [Entered: 07/11/2023 01:32 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: MCD): The appeal filed June 12, 2023 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The briefing schedule is as follows: appellants opening brief is due July 10, 2023; appellees answering brief is due August 7, 2023; and appellants optional reply brief is due within 21 days after service of the answering brief. Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1.. The appeal and any motions pending at the time briefing is completed shall 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 shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12740149] (CKP) [Entered: 06/21/2023 12:10 PM] |
| Filing 2 Received copy of amended notice of appeal from district court. [12739450] (BJK) [Entered: 06/20/2023 04:07 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [12737671] (RT) [Entered: 06/16/2023 10:18 AM] |
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