Zaragosa-Solis v. Gutierrez, et al.
| ERNESTO ZARAGOSA-SOLIS |
| M GUTIERREZ, complex warden, Unknown UNKNOWN CHRISTENSEN, PREA Lt., FEDERAL BUREAU OF PRISONS, federal agency, C NEWLAND, physician assistant, K MORAN, SIS Technician, USP Tucson, UNITED STATES OF AMERICA, MARK GUTIERREZ, Warden, CHRISTOPHER MARLOW, Captain, MUHAMMAD ZANTOUT, Assistant Warden, MARK PALMER, Unit Manager, JOSHUA CHRISTENSEN, SIS Leiutenant, LORRI MITCHELL, Legal Assistant, JEREMY ULRICH, Acting SIA, DENNIS WONG, Regional Counsel, COLETTE S PETERS, BOP Director, PREA AUDITORS OF AMERICA and AMERICAN CORRECTIONAL ASSOCIATION |
| 23-1808 |
| August 14, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 NOTICE of change of address filed by Appellant Ernesto Zaragosa-Solis. [Entered: 10/24/2023 02:17 PM] |
Filing 15
ORDER FILED. Prisoner completed authorization fee order. [Entered: 10/12/2023 03:52 PM]
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| Filing 14 NOTICE of change of address filed by Appellant Ernesto Zaragosa-Solis. [Entered: 10/10/2023 10:03 AM] |
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Filing 13
ORDER FILED. Appellants motion (Docket Entry No. 12) to consolidate is denied. The briefing schedule is stayed. Appellants other pending motions will be addressed by separate order. [Entered: 09/22/2023 10:04 AM]
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| Filing 12 MOTION to Consolidate filed by Appellant Ernesto Zaragosa-Solis. [Entered: 09/18/2023 10:24 AM] |
| Filing 11 RESPONSE to Court Order (DE 4) filed by Appellant Ernesto Zaragosa-Solis. [Entered: 09/18/2023 10:14 AM] [Edited: 09/18/2023 11:03 AM] |
| Filing 10 CLERK ACTION: Opening Brief submitted at DE 9 by Appellant Ernesto Zaragosa-Solis is filed. Original and 0 copies. [Entered: 09/11/2023 04:05 PM] |
| Filing 9 OPENING BRIEF submitted for filing by Appellant Ernesto Zaragosa-Solis. [Entered: 09/11/2023 04:03 PM] |
| Filing 8 ADDED Counsel for Appellee Michael Linton [Entered: 09/11/2023 03:58 PM] |
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Filing 7
ORDER FILED. The appeal filed August 3, 2023 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The briefing schedule is established as follows: appellants opening brief is due October 2, 2023; appellees answering brief is due October 30, 2023; and appellants optional reply brief is due within 21 days after service of the answering brief. The appeal and any motions pending at the time briefing is completed will 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). 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. [court update: resending NDA to include counsel for United States] [Entered: 09/11/2023 03:46 PM] [Edited: 09/11/2023 04:10 PM]
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| Filing 6 MOTION for Appointment of Counsel filed by Appellant Ernesto Zaragosa-Solis. [Entered: 09/05/2023 10:13 AM] |
| Filing 5 MOTION to Proceed In Forma Pauperis filed by Appellant Ernesto Zaragosa-Solis. [Entered: 09/05/2023 10:10 AM] |
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Filing 4
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: 09/01/2023 09:35 AM]
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| Filing 3 MOTION for Judicial Notice filed by Appellant Ernesto Zaragosa-Solis. [Entered: 08/29/2023 03:06 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal No RT Opening Brief Due 10/2/2023, Appeal No RT Answering Brief Due 11/1/2023. 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: 08/14/2023 02:22 PM] [Edited: 08/25/2023 12:04 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 4:22-cv-00562-JCH 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 23-1808 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: 08/14/2023 02:17 PM] |
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