Michael Hayes v. The Entity, et al
| MICHAEL T. HAYES |
| THE ENTITY, (IDOC), TIMOTHY R. MCKAY, DAVID E. DIETZ, JULIE DIETZ, SGT. TRAVIS TAYLOR, ENRICO BONGIOVI, LT. MADDOX, SGT. BARROWS, DANIEL W. BROWN, DOES, 5, et al. and JAY CHRISTENSEN |
| 23-35002 |
| January 4, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
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| Filing 4 Filed clerk order (Deputy Clerk: MN): A review of the record reflects that this appeal may be frivolous. 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 submits any response to this order other than a motion to dismiss the appeal, the court may dismiss this appeal as frivolous, without further notice. If the court dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). The briefing schedule for this appeal remains stayed. The Clerk shall 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 this appeal or statement that the appeal should go forward. [12652298] (AF) [Entered: 02/13/2023 04:55 PM] |
| Filing 3 Filed Appellant Michael T. Hayes motion to proceed In Forma Pauperis. Deficiencies: None. [12636649] (NAC) [Entered: 01/24/2023 07:24 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [12623240] (CKP) [Entered: 01/04/2023 04:35 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Michael T. Hayes opening brief due 03/06/2023. [12622644]--[Edited: Attached Notice to Inmates, resent NDA. 02/01/2023 by JMR] (JMR) [Entered: 01/04/2023 11:31 AM] |
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