Alma Rosales v. Idaho Department of Health and Welfare, et al
| ALMA ROSALES |
| IDAHO DEPARTMENT OF HEALTH AND WELFARE, RUSSELL BARRON, Director of the Idaho Department of Health and Welfare, MATT WIMMER, Medicaid Administrator and any other agents working in both the Medicaid and Food Stamp Benefit divisions and MOLINA HEALTHCARE, INC. |
| 23-35574 |
| August 30, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Americans w/Disabilities Act-Othr |
Docket Report
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| Filing 6 Filed Appellant Alma Rosales response to order to show cause dated 09/25/2023. [12810703] (QDL) [Entered: 10/17/2023 09:40 AM] |
| Filing 5 Filed (ECF) Appellee Idaho Department of Health and Welfare reply to response to Court order dated 09/25/2023. Date of service: 10/16/2023. [12810617] [23-35574]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 10/18/2023 by SLM] (Church, Brian) [Entered: 10/16/2023 11:58 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 not taken in good faith and has revoked appellants in forma pauperis status. See 28 U.S.C. 1915(a). 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, appellee may file a response within 10 days after service of appellants statement The briefing schedule for this appeal is stayed. The Clerk will 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. [12798381] (CKP) [Entered: 09/25/2023 01:40 PM] |
| Filing 3 Received copy of District Court order filed on 09/15/2023 regarding in forma pauperis status on appeal. [12794753] (QDL) [Entered: 09/19/2023 10:15 AM] |
| 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. [12786242] (CKP) [Entered: 09/05/2023 10:36 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Alma Rosales opening brief due 10/30/2023. Appellees Russell Barron, Idaho Department of Health and Welfare, Molina Healthcare, Inc. and Matt Wimmer answering brief due 11/27/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12783817] (JMR) [Entered: 08/30/2023 02:22 PM] |
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| Plaintiff / appellant: ALMA ROSALES | |
| Represented By: | Alma Rosales |
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| Defendant / appellee: IDAHO DEPARTMENT OF HEALTH AND WELFARE | |
| Represented By: | Brian Vernon Church |
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| Defendant / appellee: RUSSELL BARRON, Director of the Idaho Department of Health and Welfare | |
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| Defendant / appellee: MATT WIMMER, Medicaid Administrator and any other agents working in both the Medicaid and Food Stamp Benefit divisions | |
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| Defendant / appellee: MOLINA HEALTHCARE, INC. | |
| Represented By: | James Len Martin |
| Represented By: | William Kendall Fletcher |
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