Huy-Ying Chen v. King County Sheriff's Office, et al
| HUY-YING CHEN |
| KING COUNTY SHERIFF'S OFFICE, a governmental agency and HUGO R. ESPARZA, an individual, and in his capactiy as an authorized deputy |
| 23-35055 |
| January 23, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Real Property Actions |
Docket Report
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| Filing 5 Filed Appellant Huy-Ying Chen FORM 14 motion for extension of time. Deficiencies: None. Served on 03/15/2023. [12674633] (RL) [Entered: 03/15/2023 12:17 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: JW): A review of the district courts docket reflects that the district court denied appellant leave to proceed in forma pauperis because it found that the action was 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 files a statement that the appeal should go forward, appellant also must: (1) file in this court a motion to proceed in forma pauperis, OR (2) pay to the district court $505.00 for the filing and docketing fees for this appeal AND file in this court proof that the $505.00 was paid. 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 appellant files a statement that the appeal should go forward, appellees may file their own response within 10 days after service of appellants statement. The briefing schedule for this appeal is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, (2) a form statement that the appeal should go forward, and (3) a Form 4 financial affidavit. Appellant may use the enclosed forms for any motion to dismiss the appeal, statement that the appeal should go forward, and/or motion to proceed in forma pauperis. [12643187] (CKP) [Entered: 01/31/2023 01:23 PM] |
| Filing 3 Received copy of District Court order filed on 01/26/2023 ORDER. Order denying plaintiff's motion for leave to appeal in forma pauperis. [12640982] (RL) [Entered: 01/27/2023 02:54 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [12639937] (CKP) [Entered: 01/26/2023 02:56 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Huy-Ying Chen opening brief due 03/23/2023. Appellees Hugo R. Esparza and King County Sheriff's Office answering brief due 04/24/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12635825] (RT) [Entered: 01/23/2023 11:05 AM] |
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| Plaintiff / appellant: HUY-YING CHEN | |
| Represented By: | Huy-Ying Chen |
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| Defendant / appellee: KING COUNTY SHERIFF'S OFFICE, a governmental agency | |
| Represented By: | Julie Dee Cook |
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| Defendant / appellee: HUGO R. ESPARZA, an individual, and in his capactiy as an authorized deputy | |
| Represented By: | Julie Dee Cook |
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