Ascarie v. Hoffman, et al.
| MAHMOUD ASCARIE |
| KIRK HOFFMAN and ERIK JOHNSON |
| 23-2808 |
| October 16, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 MOTION to Proceed In Forma Pauperis filed by Appellant Mahmoud Ascarie. [Entered: 11/13/2023 05:09 PM] |
| Filing 5 MAIL RETURNED. DE 3 addressed to Appellant Mahmoud Ascarie. Action taken: none (document resent 10/26/2023 [see DE 4]). [Entered: 11/08/2023 09:24 AM] |
| Filing 4 MAIL RETURNED. DE 2 addressed to Appellant Mahmoud Ascarie. Action taken: resending to 5050 Russo Drive, San Jose, CA 95118 with apartment number (#105) included (with a copy of DE 3). [Entered: 10/26/2023 04:14 PM] |
Filing 3
ORDER FILED. The district courts final order was entered on December 7, 2022. Appellants notice of appeal was not filed in the district court until October 13, 2023. However, on December 29, 2022 and February 10, 2023, appellant filed in the district court documents which appear to challenge the district courts December 7, 2022 final order and which could be construed as timely motions under Federal Rule of Appellate Procedure 4(a)(4). If so, the October 12, 2023 notice of appeal is ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court will be held in abeyance pending the district courts ruling as to whether appellants December 29, 2022 and February 10, 2023 filings are motions listed in Federal Rule of Appellate Procedure 4(a)(4) and, if so, the district courts resolution of the motions. See Leader Nat'l Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994); Stratton v. Buck, 697 F.3d 1004, 1007 (9th Cir. 2012) ([w]here there is no separate judgment, pursuant to Fed. R. App. P. 4(a)(7)(A)(ii), we deem the entry of judgment to be 150 days after the entry of an appealable final order.). Within 14 days after the district courts ruling on the pending motions, appellant must notify this court in writing of the ruling and advise the court whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the December 29, 2022 and February 10, 2023 motions, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk will serve this order on the district court. [Entered: 10/20/2023 04:50 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief due 11/21/2023, Appeal Answering Brief due 12/21/2023. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 10/16/2023 02:40 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 4:22-cv-04749-YGR 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 23-2808 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: 10/16/2023 02:33 PM] |
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