Fortino Martinez Espinosa v. Mark Zuckerberg
| FORTINO MARTINEZ ESPINOSA |
| MARK ZUCKERBERG, CEO Facebook/Meta |
| 23-55161 |
| February 23, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Personal Injury-Product Liability |
Docket Report
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| Filing 3 Filed order (Deputy Clerk: CKP) 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 02/23/2023). This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [12693116] (CKP) [Entered: 04/11/2023 10:07 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The notice of appeal filed February 16, 2023 appears to challenge the district courts January 17, 2023 post-judgment orders. A review of the record reflects that this appeal may be 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. 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. [12660118] (CKP) [Entered: 02/23/2023 03:04 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEE. SEND MQ: No. The schedule is set as follows: Appellant Fortino Martinez Espinosa opening brief due 04/24/2023. [12659746] (RT) [Entered: 02/23/2023 11:17 AM] |
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| Plaintiff / appellant: FORTINO MARTINEZ ESPINOSA | |
| Represented By: | Fortino Martinez Espinosa |
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| Defendant / appellee: MARK ZUCKERBERG, CEO Facebook/Meta | |
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