Branch v. Grannis, et al.
| LOUIS BRANCH |
| N. GRANNIS, Chief, Inmate Appeals Branch, Sacramento, K. MENDOZA-POWERS, Warden, Avenal State Prison, A. MANCINAS, Classification and Parole Representative, Avenal Prison, D. UMPHENOUR, Building 250 Officer, Avenal Prison, L. SZALAI, C/O and J. ALVAREZ, C/O |
| 23-1746 |
| August 9, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 11
ORDER FILED. On August 16, 2023 and October 4, 2023, this court ordered appellant, within 21 days, to submit a completed prisoner authorization form. The order warned appellant that failure to comply would result in the automatic dismissal of the appeal by the Clerk of the Court. To date, appellant has not complied with the courts orders. Accordingly, this appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1. This order served on the district court will, 21 days after the date of the order, act as and for the mandate of this court. [Entered: 11/09/2023 03:20 PM]
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Filing 10
ORDER FILED. On August 16, 2023, this court ordered appellant to complete and file with this court the enclosed prisoner authorization form. To date, appellant has not complied with the August 16, 2023 order. Within 21 days after the date of this order, appellant must sign and file with this court the enclosed prisoner authorization form. If appellant fails to comply with this order, the appeal will be dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The briefing schedule established on September 19, 2023 will continue to govern this appeal The Clerk will send a copy of the August 16, 2023 order and a prisoner authorization form to appellant along with this order. [Entered: 10/04/2023 12:57 PM]
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Filing 9
ORDER FILED. Paper Streamlined Request for Extension of Time to File Brief (DE 8) granted. Amended briefing schedule: Opening Brief Due 11/6/2023, Answering Brief Due 12/6/2023. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 09/19/2023 02:18 PM]
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| Filing 8 STREAMLINED request for extension of time to file Opening brief for 30 days filed by Appellant Louis Branch. [Entered: 09/19/2023 12:11 PM] |
| Filing 7 CORRESPONDENCE filed by Appellant Louis Branch. [Entered: 09/19/2023 11:55 AM] |
| Filing 6 TERMINATED participation of Counsel for Appellee Matthew Ross Wilson representing Appellee D. Umphenour, Appellee J. Alvarez, Appellee L. Szalai. [Entered: 08/28/2023 10:08 AM] |
| Filing 5 ADDED Counsel for Appellee Jaime Ganson [Entered: 08/28/2023 10:07 AM] |
| Filing 4 NOTICE OF APPEARANCE by Jaime Ganson for Appellee D. Umphenour, Appellee J. Alvarez, Appellee L. Szalai replacing Matthew Ross Wilson. [Entered: 08/28/2023 08:47 AM] |
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Filing 3
ORDER FILED. A review of the district court docket reflects that the district court granted appellant leave to proceed in forma pauperis and that such permission has not been revoked. Accordingly, appellants in forma pauperis status continues in this court. See Fed. R. App. P. 24(a)(3). However, pursuant to 28 U.S.C. 1915(b)(1) and (2), appellant must pay the full amount of the filing and docketing fees for this appeal when funds are available in appellant's account. 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 appellants 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. If appellant fails to comply with this order, the appeal may be dismissed by the Clerk. See 9th Cir. R. 42-1. The existing briefing schedule remains in effect. The Clerk will send appellant a prisoner authorization form. [Entered: 08/16/2023 09:52 AM]
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| Filing 2 SCHEDULE NOTICE. Appeal No RT Opening Brief Due 10/6/2023, Appeal No RT Answering Brief Due 11/6/2023, Appeal No RT Answering Brief Due 11/6/2023, Appeal No RT Answering Brief Due 11/6/2023, Appeal No RT Answering Brief Due 11/6/2023, Appeal No RT Answering Brief Due 11/6/2023, Appeal No RT Answering 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: 08/09/2023 01:40 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:08-cv-01655-SAB 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 23-1746 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: 08/09/2023 01:33 PM] |
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