Long v. Noland, et al.
| DE WITT LAMAR LONG |
| CHAPLAIN CHARLES NOLAND, JR., Halawa Correctional Facility, HAMADA, Correctional Officer, Halawa Correctional Facility, SGT. LEAIALAIMATAFAO, Correctional Officer, Halawa Correctional Facility, LYLE ANTONIO, Chief of Security, Halawa Correctional Facility and SCOTT O. HARRINGTON, Warden, Halawa Correctional Facility |
| 23-2080 |
| September 5, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 10
ORDER FILED. Prisoner completed authorization fee order. [Entered: 10/26/2023 04:20 PM]
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| Filing 9 MOTION for Appointment of Counsel filed by Appellant De Witt Lamar Long. [Entered: 10/10/2023 04:02 PM] |
| Filing 8 Received PLRA Authorization filed by Appellant De Witt Lamar Long. [Entered: 10/10/2023 04:00 PM] |
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Filing 7
ORDER FILED. Appellants motion for an extension of time to file the opening brief (Docket Entry No. 4) is granted. The opening brief is now due November 30, 2023; the answering brief is due January 2, 2024; and the reply brief is due within 21 days after service of the answering brief. Because appellant is proceeding without counsel, appellant is not required to file excerpts of record. See 9th Cir. R. 30-1.3. If appellant does not file excerpts of record, appellees must file Supplemental Excerpts of Record that contain all of the documents that are cited in the pro se opening brief or otherwise required by Rule 30-1.4, as well as the documents that are cited in the answering brief. See id. Appellant remains obligated to return a completed prisoner authorization form in compliance with the courts September 21, 2023 order. Failure to file a completed prisoner authorization form and to timely file the opening brief will result in dismissal of the appeal by the Clerk. See 9th Cir. R. 42-1. [Entered: 10/03/2023 02:24 PM]
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| Filing 6 ADDED Counsel for Appellee Isaac Hans Kenneth Ickes [Entered: 09/26/2023 09:50 PM] |
| Filing 5 NOTICE OF APPEARANCE by Isaac Hans Kenneth Ickes for Appellee Lyle Antonio, Appellee Scott O. Harrington. [Entered: 09/26/2023 04:57 PM] |
| Filing 4 MOTION to Extend Time to File Opening Brief filed by Appellant De Witt Lamar Long. [Entered: 09/26/2023 03:15 PM] |
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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: 09/21/2023 01:36 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief Due 10/30/2023, Appeal Answering Brief Due 11/29/2023. 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: 09/05/2023 12:50 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:21-cv-00205-HG-RT 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 23-2080 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: 09/05/2023 12:46 PM] |
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