Timothy Longjaw v. Brian Gooten, et al
| TIMOTHY LONGJAW |
| BRIAN GOOTEN, JAMES SALMONSEN, BILLIE REICH, JOSEPH CALLAHAN, DANIEL LAYNE, JOHN DOE, JANE DOE and HIGHLY, Mr. |
| 23-35249 |
| April 12, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
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| Filing 7 Filed clerk order (Deputy Clerk: MCD): A review of the district courts docket reflects that the district court has certified that this appeal is not taken in good faith and has revoked appellants in forma pauperis status. See 28 U.S.C. 1915(a). 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 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 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. [12729738] (CKP) [Entered: 06/06/2023 12:12 PM] |
| Filing 6 Filed original and 3 copies of Appellant Timothy Longjaw opening brief of 6 pages (Informal: Yes). Served on 05/15/2023. (Motion for appointment of counsel pending, briefing remains stayed) [12719633] (LA) [Entered: 05/19/2023 04:13 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: MCD): The court has received and reviewed appellants response to this courts April 18, 2023 order to show cause. Appellant attests that he delivered the notice of appeal to prison authorities on March 26, 2023, within 30 days after entry of the district courts judgment. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), (c)(1). Accordingly, the order to show cause is discharged. The previously established briefing schedule remains in effect. [12709799] (CKP) [Entered: 05/05/2023 11:32 AM] |
| Filing 4 Filed Appellant Timothy Longjaw FORM 33 inmate declaration of timely filing. Served on 04/26/2023. [12708152] (RL) [Entered: 05/03/2023 01:50 PM] |
| Filing 3 Filed Appellant Timothy Longjaw FORM 24 motion for appointment of counsel. Deficiencies: None. Served on 04/26/2023. [12708146] (RL) [Entered: 05/03/2023 01:48 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district court judgment was entered on the docket on March 3, 2023. Appellants notice of appeal from that judgment was dated March 26, 2023, but was not filed until April 10, 2023. Thus, the notice of appeal was not filed within 30 days after the entry of the judgment. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1). Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Accordingly, within 21 days after the date of this order, appellant shall file with this court a declaration or notarized statement attesting to the date on which the notice of appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). A response may be filed within 10 days after service of appellants declaration. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of this court. The Clerk will serve a Form 33 Inmate Declaration of Timely Filing on appellant along with this order. [12698124] (CKP) [Entered: 04/18/2023 04:26 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 Timothy Longjaw opening brief due 06/12/2023. [12694371] (RT) [Entered: 04/12/2023 02:31 PM] |
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