Valles v. Attorney General of the United States, et al.
| ANDREW VALLES |
| ATTORNEY GENERAL OF THE UNITED STATES, ATTORNEY GENERAL OF THE STATE OF CALIFORNIA and ATTORNEY GENERAL OF THE STATE OF UTAH |
| 23-1674 |
| August 3, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 11 Miscellaneous Pro Se Filings Filed (Originally docketed in 23-55445). [Entered: 11/07/2023 12:36 PM] [Edited: 11/07/2023 12:39 PM] |
Filing 10
ORDER FILED. A review of the docket reflects that the filing and docketing fees for this appeal were paid on October 17, 2023. This appeal will proceed. The opening brief is due December 18, 2023. Because there is no appearance by appellees, briefing will be complete upon the filing of the opening brief. [Entered: 11/01/2023 02:41 PM]
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| Filing 9 DOCUMENT SENT. Appellant Andrew Valles copy of public docket, per request. [Entered: 11/01/2023 02:24 PM] |
| Filing 8 REQUEST for docket sheet filed by Appellant Andrew Valles. Copy of public docket sent. [Entered: 10/31/2023 03:40 PM] |
| Filing 7 RESPONSE to court order (DE 5) filed by Appellant Andrew Valles. [Entered: 10/31/2023 03:37 PM] |
| Filing 6 Originating Court Notice of Fee Received: Date paid 10/17/2023, $505.00. [Entered: 10/17/2023 10:20 AM] |
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Filing 5
ORDER FILED. Kenneth K. LEE, Lawrence VANDYKE The motion to proceed in forma pauperis (Docket Entry No. 4) is denied because appellant has had three 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 any imminent danger of serious physical injury. See 28 U.S.C. 1915(g); Valles v. Cal. Dept of Corrs. & Rehab., No. 21-16290 (9th Cir. Mar. 18, 2022) (dismissed as frivolous); Valles v. Cal. Dept of Corrs. & Rehab., No. 2:20-cv-01905-TLN-AC (E.D. Cal. July 15, 2021) (dismissed for failure to state a claim); Valles v. United States, No. 1:20-cv-09242-LLS (S.D.N.Y. Jan. 6, 2021) (dismissed as frivolous, for failure to state a claim, and on immunity grounds); see also Ray v. Lara, 31 F.4th 692, 697-99 (9th Cir. 2022) (explaining when a dismissal on immunity grounds or under Heck v. Humphrey, 512 U.S. 477 (1994) constitutes a PLRA strike). 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 shall 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. [Entered: 10/02/2023 04:00 PM]
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| Filing 4 MOTION to Proceed In Forma Pauperis filed by Appellant Andrew Valles. [Entered: 08/18/2023 03:27 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: 08/08/2023 10:51 AM]
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| Filing 2 SCHEDULE NOTICE. Appeal No RT Opening Brief Due 9/18/2023. 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: 08/03/2023 02:17 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:22-cv-06954-GW-JC 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 23-1674 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: 08/03/2023 02:15 PM] |
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