Michael Swanson v. DOJ, et al
| MICHAEL SWANSON |
| DOJ, MICHAEL MOSMAN, senior judge, YOULEE YIM YOU, mag. judge, MARCO HERNANDEZ, district judge, KEVIN C. DANIELSON, usa attorney, JOLIE A. RUSSO, mag/judge, JOHN ACOSTA, mag/judge and MERRICK GARLAND, US Attorney General |
| 23-35305 |
| May 3, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 5 Filed order (Deputy Clerk: MCD): Motion to dismiss case for failure to prosecute (Cir. Rule 42-1). Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to respond to order. (Order dated 05/16/2023). This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [12744953] (CKP) [Entered: 06/28/2023 01:56 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: MCD): A review of the district courts docket reflects that the district court has certified that this appeal is frivolous and 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. 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. [12716886] (CKP) [Entered: 05/16/2023 01:28 PM] |
Filing 3
Received copy of District Court order filed on 05/11/2023. regarding Referral Notice: Because Plaintiff's appeal is frivolous and not taken in good faith, the Court revokes Plaintiff's in forma pauperis status. See 28 U.S.C. 1915(a)(3). Ordered by Judge Michael J. McShane [12715001] (NAC) [Entered: 05/12/2023 02:40 PM]
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| Filing 2 Filed referral notice (Deputy Clerk: MCD: Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12708958] (CKP) [Entered: 05/04/2023 12:42 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 Swanson opening brief due 07/03/2023. [12708288] (ABT) [Entered: 05/03/2023 03:02 PM] |
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