Ortega v. County of Santa Clara, et al.
| CARLOS A. ORTEGA |
| COUNTY OF SANTA CLARA, EDWARD FLORES, Chief of Corrections, DAVID SEPUL-VEDA, Complex Commander Captain, A. FLORES, Correctional Officer, J. DIAZ, Correctional Officer, MELEK, Correctional Officer, DUGAMIS, Correctional Officer and DEPARTMENT OF CORRECTIONS OFFICERS |
| 23-1831 |
| August 15, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 13 RESPONSE to Order - General OSC (DE 11) filed by Appellant Carlos A. Ortega. [Entered: 10/26/2023 03:37 PM] |
| Filing 12 MOTION for Appointment of Counsel filed by Appellant Carlos A. Ortega. [Entered: 10/24/2023 03:14 PM] |
Filing 11
ORDER FILED. A review of the district courts docket reflects that the district court has certified that this appeal is not taken in good faith and has revoked appellants in forma pauperis status. See 28 U.S.C. 1915(a). 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 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 does not move to dismiss this appeal, the court may dismiss the appeal as frivolous, without further notice. Any determination of whether the appeal is frivolous will be based on the opening brief received on October 6, 2023, and appellants statement, if any, in response to this order. If appellant files a statement that the appeal should go forward, appellees may file a response within 10 days after service of appellants statement. The briefing schedule for this appeal is stayed pending disposition of this order and the motion for appointment of counsel. Appellants motion for an extension of time to file the opening brief is denied as unnecessary (Docket Entry No. 7). 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. Appellant may use the enclosed forms for any motion to dismiss the appeal or statement that the appeal should go forward. [Entered: 10/12/2023 02:09 PM]
|
| Filing 10 CLERK ACTION: Opening Brief submitted at DE 9 by Appellant Carlos A. Ortega is filed. Original and 5 copies (only original includes exhibits). (Motions for IFP and to appoint counsel pending, briefing remains stayed) [Entered: 10/06/2023 02:02 PM] |
| Filing 9 OPENING BRIEF submitted for filing by Appellant Carlos A. Ortega. [Entered: 10/06/2023 02:01 PM] |
| Filing 8 District Court Order/Notice Received. [Entered: 09/28/2023 11:51 AM] |
| Filing 7 MOTION to Extend Time to File Opening Brief filed by Appellant Carlos A. Ortega. [Entered: 09/11/2023 03:58 PM] |
| Filing 6 MOTION for Appointment of Counsel filed by Appellant Carlos A. Ortega. [Entered: 09/11/2023 03:53 PM] |
| Filing 5 DOCUMENT SENT. Sent Appellant a copy of the docket sheet and the FRAP and Ninth Circuit rules in response to the Form 29 request filed on 08/30/2023. [Entered: 08/30/2023 04:42 PM] |
| Filing 4 REQUESTfor Public Information filed by Appellant Carlos A. Ortega. [Entered: 08/30/2023 04:23 PM] |
| Filing 3 MOTION to Proceed In Forma Pauperis filed by Appellant Carlos A. Ortega. [Entered: 08/30/2023 04:21 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal No RT Opening Brief Due 10/10/2023, Appeal No RT Answering Brief Due 11/7/2023, Appeal No RT Answering Brief Due 11/7/2023, Appeal No RT Answering Brief Due 11/7/2023, Appeal No RT Answering Brief Due 11/7/2023, Appeal No RT Answering Brief Due 11/7/2023, Appeal No RT Answering Brief Due 11/7/2023, Appeal No RT Answering Brief Due 11/7/2023, Appeal No RT Answering Brief Due 11/7/2023. 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: 08/15/2023 03:41 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 4:19-cv-00319-HSG 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 23-1831 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: 08/15/2023 03:35 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
