Gene Scott, II v. VA, et al
| GENE EDWARD SCOTT II |
| VETERANS ADMINISTRATION, named as VA and SOCIAL SECURITY ADMINISTRATION, named as SSA |
| 23-16057 |
| August 2, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 10 Filed clerk order (Deputy Clerk: MCD): A review of appellants filings in this court reflect that appellant requests dismissal of this appeal in favor of appellant pursuant to Federal Rule of Civil Procedure 56, not voluntary dismissal pursuant to Federal Rule of Appellate Procedure 42(b). Appellants motion for voluntary dismissal of this appeal (Docket Entry No Nos. [ # 7 ], [ # 8 ]) is therefore denied. If appellant wishes to dismiss this appeal voluntarily, he m may submit a new motion for voluntary dismissal requesting dismissal pursuant to Federal Rule of Appellate Procedure 42(b) on this courts form, without alterations. Appellants motion for ex parte status (Docket Entry No. [ # 6 ]) is denied as unnecessary. A review of the docket reflects that appellant is proceeding pro se for this appeal, and that there have been no appearances on behalf of appellees. Appellant has filed a motion to proceed in forma pauperis in response to the courts August 4, 2023 order, but has not filed a statement explaining why the appeal is not frivolous and should go forward. Within 21 days after the date of this order, appellant must file a statement in compliance with the August 4, 2023 order. 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. The Clerk will serve on appellant: (1) a form motion to voluntarily dismiss the appeal, and (2) a form statement that the appeal should go forward. [12790100] (OC) [Entered: 09/11/2023 03:35 PM] |
| Filing 9 Filed Appellant Gene Edward Scott, II FORM 4 motion and affidavit for permssion proceed In Forma Pauperis. Deficiencies: None. Served on 08/08/2023. [12774733] (RL) [Entered: 08/15/2023 03:22 PM] |
| Filing 8 Filed Appellant Gene Edward Scott, II motion to voluntarily dismiss appeal. Deficiencies: None. Served on 08/10/2023. [12774410] (RL) [Entered: 08/15/2023 11:27 AM] |
| Filing 7 Filed Appellant Gene Edward Scott, II appellant's motion to dismiss. Deficiencies: None. Served on 08/04/2023. [12772459] (RL) [Entered: 08/11/2023 09:23 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: MCD): A review of the record reflects that the district court denied appellants motion for leave to proceed in forma pauperis on appeal. 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. The briefing schedule for this appeal is stayed. The Clerk will 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. [12768394] (CKP) [Entered: 08/04/2023 01:35 PM] |
| Filing 4 Received copy of District Court order filed on 08/03/2023 ORDER. Accordingly, IT IS ORDERED that Plaintiffs application for leave to proceed IFP on appeal (Doc. 17) is denied. [12768324] (RL) [Entered: 08/04/2023 12:28 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: MCD): Order to show cause docket fee due [12767299] (CKP) [Entered: 08/03/2023 09:59 AM] |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES.. SEND MQ: No. The schedule is set as follows: Appellant Gene Edward Scott II opening brief due 10/02/2023. [12766863] (JMR) [Entered: 08/02/2023 02:43 PM] |
| Filing 1 Terminated duplicate Appellant Gene Edward Scott II in 23-16057. [12766861] (JMR) [Entered: 08/02/2023 02:42 PM] |
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