Sivak v. Winmill, et al.
| ID ISCI LIBRARIAN |
| LACEY SIVAK |
| Judge B. LYNN WINMILL, DISTRICT JUDGE, Judge DAVID C. NYE, DISTRICT JUDGE, M. DOUGLAS HARPOOL, STEPHEN W KENYON, STATE OF IDAHO, JR. VERNON GREENLAND, JAY CHRISTENSEN, JEFFREY TERRAROSA, RANDY VALLEY, JEFFREY REHORN, OFFICER MAES, DEREK GOVERNOR, CYNTHIA CRAIG-MARTINEZ, IDAHO DEPARTMENT OF CORRECTIONS, KRISTINA WALDRAM, IDAHO STATE BAR, IDAHO JUDICIAL COUNCIL and IDAHO SUPREME COURT |
| 23-1638 |
| August 1, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 15 MOTION to Proceed In Forma Pauperis filed by Appellant Lacey Sivak. [Entered: 11/01/2023 07:04 PM] |
Filing 14
ORDER FILED. William A. FLETCHER, Mark J. BENNETT Appellants motion to proceed in forma pauperis (Docket Entry No. 5) is denied because appellant has had three or more prior actions or appeals dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be granted, and appellant has not alleged imminent danger of serious physical injury. See 28 U.S.C. 1915(g); Sivak v. Winmill, No. 1:02-cv-00353 (D. Idaho Oct. 17, 2002) (dismissed for failure to state claim); Sivak v. Nye, No. 21-35760 (9th Cir. Nov. 8, 2021) (dismissed as frivolous); Sivak v. Duggan, No. 21-35356 (9th Cir. Jan. 21, 2022) (dismissed as frivolous). Within 21 days after the date of this order, appellant shall pay $505.00 to the district court as the docketing and filing fees for this appeal and file proof of payment with this court. Failure to pay the fees will result in the automatic dismissal of the appeal by the Clerk for failure to prosecute, regardless of further filings. See 9th Cir. R. 42-1. No motions for reconsideration, clarification, or modification of the denial of appellants in forma pauperis status will be entertained. If the appeal is dismissed for failure to comply with this order, the court will not entertain any motion to reinstate the appeal that is not accompanied by proof of payment of the docketing and filing fees. Briefing is stayed pending further order of the court. [Entered: 10/23/2023 02:09 PM]
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| Filing 13 DOCUMENT SENT. Sent Appellant a copy of the docket sheet in response to the letter of request filed on 09/28/2023. [Entered: 09/28/2023 03:45 PM] |
| Filing 12 REQUESTfor Public Information filed by Appellant Lacey Sivak. [Entered: 09/28/2023 03:13 PM] |
| Filing 11 Miscellaneous Pro Se Filings Filed [Entered: 09/19/2023 11:52 AM] |
| Filing 10 Miscellaneous Pro Se Filings Filed [Entered: 09/05/2023 02:38 PM] |
| Filing 9 Miscellaneous Pro Se Filings Filed [Entered: 08/29/2023 01:14 PM] |
| Filing 8 CORRESPONDENCE filed by Appellant Lacey Sivak. [Entered: 08/29/2023 09:11 AM] |
| Filing 7 CLERK ACTION: Opening Brief submitted at DE 6 by Appellant Lacey Sivak is filed. Original and 0 copies. (motion for IFP pending, briefing remains stayed) [Entered: 08/17/2023 02:52 PM] [Edited: 08/17/2023 02:55 PM] |
| Filing 6 OPENING BRIEF submitted for filing by Appellant Lacey Sivak. [Entered: 08/17/2023 02:50 PM] |
| Filing 5 MOTION to Proceed In Forma Pauperis filed by Appellant Lacey Sivak. [Entered: 08/15/2023 09:32 AM] |
| Filing 4 ADDED Prison Librarian ID ISCI Librarian [Entered: 08/14/2023 04:31 PM] |
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Filing 3
ORDER FILED. A review of this courts docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. The filing of a motion to proceed in forma pauperis will automatically stay the briefing schedule under Ninth Circuit Rule 27-11. The Clerk shall serve a Form 4 financial affidavit on appellant. If appellant fails to comply with this order, this appeal may be dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [Entered: 08/07/2023 12:25 PM]
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| Filing 2 SCHEDULE NOTICE. Civil Appeal Opening Brief Due 11/6/2023. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 08/01/2023 11:46 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:23-cv-00014-AKB has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 23-1638 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Counsel should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 08/01/2023 11:31 AM] |
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