James Ross v. Tyler Blewett, et al
| JAMES ARTHUR ROSS |
| TYLER BLEWETT, KEN JESKE, SHAWN HAYWOOD, JENNIFER STARBUCK, LORI HENSEL, MOORE, Coordinator, COLETTE PETERS, A.O.C. COMMITTEE, KATE BROWN, JOHN DOE, # 1, # 2, # 3, CHAVEZ, Coordinator, STATE OF OREGON, HEIDI STEWARD, MIKE GOWER, MARK NOOTH, ROB PERSSON, JOE BUGHER, GARY RUSSELL, ERIN REYES, ARCHER, Captian, ENREQUEZ, Captain, ERIC NEILSEN, C/O, ARNELL EYNON, HARRY ROSSI, AMY WRAY, SNYDER, Coordinator, THERON RUMSEY and PATRICK ALLEN |
| 23-35298 |
| May 2, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
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| Filing 9 Filed original and 0 copies of Appellant James Arthur Ross opening brief of 18 pages (Informal: Yes). Served on 06/21/2023. [12744142] (SML) [Entered: 06/27/2023 03:37 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: MCD): Appellants motion for an extension of time to file the opening brief [ # 6 ] is granted. The opening brief is now due June 26, 2023; the answering brief is due July 26, 2023; and the reply brief is due within 21 days after service of the answering brief. [12738595] (CKP) [Entered: 06/20/2023 08:42 AM] |
| Filing 7 Filed Appellant James Arthur Ross motion in objection. Deficiencies: None. Served on 06/02/2023. [12732531] (BJK) [Entered: 06/09/2023 11:25 AM] |
| Filing 6 ENTRY UPDATED. Filed Appellant James Arthur Ross motion to extend time to file appellant opening brief until 06/26/2023. Deficiencies: None. Served on 05/19/2023. [12723473]--[Edited 06/09/2023 by BJK] (BJK) [Entered: 05/26/2023 01:00 PM] |
| Filing 5 Filed Appellant James Arthur Ross notice of interlocutory appeal dated 04/28/2023. Paper filing deficiency: None. [12713191] (BJK) [Entered: 05/10/2023 02:27 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: MCD): The appeal filed April 28, 2023 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 applies. The briefing schedule is established as follows: appellants opening brief is due May 26, 2023; appellees answering brief is due June 23, 2023; and appellants optional 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. The appeal and any motions pending at the time briefing is completed will be referred to the next available motions panel for disposition. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). A review of the district court docket reflects that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date. Consequently, appellant's forma pauperis status continues in this court. Fed. R. App. P. 24(a). Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant must pay the full amount of the filing and docketing fees for this appeal when funds are available in appellant's account. Consequently, 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 appellant's 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. Failure to return a completed authorization form or timely file the opening brief will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The Clerk will send appellant a prisoner authorization form. [12709361] (CKP) [Entered: 05/04/2023 04:17 PM] |
| Filing 3 Attorneys R. Kyle Busse, Molly K. Honore and Kerry J Shepherd substituted by Attorney Denise Gale Fjordbeck in 23-35298 [12708185] (BJK) [Entered: 05/03/2023 02:19 PM] |
| Filing 2 Filed (ECF) notice of appearance of Denise G. Fjordbeck (Oregon Department of Justice - Appellate Division, 1162 Court Street NE, Salem, Oregon 97301) for Appellees A.O.C. Committee, Patrick Allen, Archer, Tyler Blewett, Kate Brown, Joe Bugher, Chavez, Enrequez, Arnell Eynon, Mike Gower, Shawn Haywood, Lori Hensel, Ken Jeske, Moore, Eric Neilsen, Mark Nooth, Rob Persson, Colette Peters, Erin Reyes, Harry Rossi, Theron Rumsey, Gary Russell, Snyder, Jennifer Starbuck, State of Oregon, Heidi Steward and Amy Wray. Substitution for R. Kyle Busse for Appellees A.O.C. Committee, Archer, Tyler Blewett, Kate Brown, Joe Bugher, Chavez, Enrequez, Arnell Eynon, Mike Gower, Shawn Haywood, Lori Hensel, Ken Jeske, John Doe, Moore, Eric Neilsen, Mark Nooth, Rob Persson, Colette Peters, Erin Reyes, Harry Rossi, Theron Rumsey, Gary Russell, Jennifer Starbuck, State of Oregon, Heidi Steward and Amy Wray, Molly K. Honore for Appellees A.O.C. Committee, Archer, Tyler Blewett, Kate Brown, Joe Bugher, Chavez, Enrequez, Arnell Eynon, Mike Gower, Shawn Haywood, Lori Hensel, Ken Jeske, John Doe, Moore, Eric Neilsen, Mark Nooth, Rob Persson, Colette Peters, Erin Reyes, Harry Rossi, Theron Rumsey, Gary Russell, Jennifer Starbuck, State of Oregon, Heidi Steward and Amy Wray and Mr. Kerry J Shepherd for Appellees A.O.C. Committee, Archer, Tyler Blewett, Kate Brown, Joe Bugher, Chavez, Enrequez, Arnell Eynon, Mike Gower, Shawn Haywood, Lori Hensel, Ken Jeske, John Doe, Moore, Eric Neilsen, Mark Nooth, Rob Persson, Colette Peters, Erin Reyes, Harry Rossi, Theron Rumsey, Gary Russell, Jennifer Starbuck, State of Oregon, Heidi Steward and Amy Wray. Date of service: 05/03/2023. (Party was previously proceeding with counsel.) [12708157] [23-35298] (Fjordbeck, Denise) [Entered: 05/03/2023 01:53 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant James Arthur Ross opening brief due 06/27/2023. Appellees A.O.C. Committee, Patrick Allen, Archer, Tyler Blewett, Kate Brown, Joe Bugher, Chavez, Enrequez, Arnell Eynon, Mike Gower, Shawn Haywood, Lori Hensel, Ken Jeske, John Doe, Moore, Eric Neilsen, Mark Nooth, Rob Persson, Colette Peters, Erin Reyes, Harry Rossi, Theron Rumsey, Gary Russell, Snyder, Jennifer Starbuck, State of Oregon, Heidi Steward and Amy Wray answering brief due 07/27/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12707491] (ABT) [Entered: 05/02/2023 04:14 PM] |
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