Downing v. Ford, et al.
Plaintiff / Appellant: CURTIS L. DOWNING
Defendant / Appellee: AARON DARNELL FORD, STEVE SISOLAK, BRIAN SANDOVAL, ADAM PAUL LAXALT and STEVEN B. WOLFSON
Case Number: 23-2058
Filed: September 1, 2023
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2023 Opinion or Order Filing 7 ORDER FILED. On September 14, 2023, this court issued an order staying appellate proceedings pending disposition of the August 10, 2023 motion in the district court. On October 12, 2023, the district court denied the motion. Appellant filed an amended notice of appeal in the district court on October 13, 2023. The stay order filed September 14, 2023, is lifted and this appeal will proceed. A review of the district court docket reflects that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date. Consequently, appellants forma pauperis status continues in this court. Fed. R. App. P. 24(a). Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant must pay the full amount of the filing and docketing fees for this appeal when funds are available in appellants account. Consequently, within 21 days after the filing date of this order, appellant must 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 appellants 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, 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 previously established briefing schedule remains in effect. The Clerk will serve this order and a prison authorization form on appellant. [Entered: 11/01/2023 04:28 PM]
October 18, 2023 Filing 6 District Court Order/Notice Received. MINUTE ORDER IN CHAMBERS of the Honorable District Judge Anne R. Traum on 10/12/2023. ORDER DENYING Plaintiff's Motion for Relief from Order (ECF No. [18]). Plaintiff's Motion failed to identify any mistake, inadvertence, surprise, or excusable neglect to justify granting relief from the Order dismissing Plaintiff's First Amended Complaint for failure to state a claim (ECF No. [17]). Plaintiff's Motion for Relief from Order is therefore denied.(no image attached) (Copies have been distributed pursuant to the NEF - JRR) Modified on 10/18/2023 - NEF regenerated to USCA (CJS). [Entered: 10/18/2023 11:48 AM]
October 16, 2023 Filing 5 Amended Notice of Appeal Received. [Entered: 10/16/2023 11:55 AM]
September 20, 2023 Opinion or Order Filing 4 ORDER FILED. This matter is referred to the district court for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate where district court finds the appeal to be frivolous). If the district court elects to revoke in forma pauperis status, the district court is requested to notify this court and the parties of such determination within 21 days of the date of this referral. If the district court does not revoke in forma pauperis status, such status will continue automatically for this appeal pursuant to Fed. R. App. P. 24(a). This referral shall not affect the briefing schedule previously established by this court. [Entered: 09/20/2023 03:13 PM]
September 14, 2023 Opinion or Order Filing 3 ORDER FILED. This appeal was filed while a timely Fed. R. App. P. 4(a)(4) motion was pending in the district court. The notice of appeal is therefore ineffective, see Fed. R. App. P. 4(a)(4), and proceedings in this court will be stayed until the district court decides the August 10, 2023 motion. See Leader Natl Ins. Co. v. Industrial Indemnity Ins. Co., 19 F.3d 444 (9th Cir. 1994). Within 14 days after the district courts decision, appellant must notify this court in writing of the decision and state whether appellant wishes to move forward with this appeal. To challenge the decision on the post-judgment motion, appellant must file an amended notice of appeal within the time set by Federal Rule of Appellate Procedure 4. See Fed. R. App. P. 4(a)(4). The Clerk will send a copy of this order to the district court. [Entered: 09/14/2023 02:24 PM]
September 1, 2023 Filing 2 SCHEDULE NOTICE. Appeal No RT Opening Brief Due 10/30/2023. 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: 09/01/2023 10:24 AM]
September 1, 2023 Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:23-cv-00156-ART-BNW 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 23-2058 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: 09/01/2023 10:20 AM]

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Search for this case: Downing v. Ford, et al.
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Plaintiff / appellant: CURTIS L. DOWNING
Represented By: Curtis L. Downing
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Defendant / appellee: AARON DARNELL FORD
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Defendant / appellee: STEVE SISOLAK
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Defendant / appellee: BRIAN SANDOVAL
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Defendant / appellee: ADAM PAUL LAXALT
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Defendant / appellee: STEVEN B. WOLFSON
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