Alfred McZeal, Jr. v. Ocwen Loan Servicing, LLC, et al
| ALFRED MCZEAL, Jr. |
| OCWEN LOAN SERVICING, LLC, OCWEN FEDERAL BANK FSB, OPTION ONE MORTGAGE CORPORATION, PHH MORTGAGE CORPORATION, WELLS FARGO BANK, N.A., as Trustee for Option One Mortgage Loan Trust 2006-2, Asset-Backed Certificates, Series 2006-2, WESTERN PROGRESSIVE, LLC, WESTERN PROGRESSIVE TRUSTEE, LLC and LETICIA ARIAS |
| 23-55267 |
| March 24, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Civil (Rico) |
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| Filing 10 Filed (ECF) Appellees PHH Mortgage Corporation, Wells Fargo Bank, N.A., Western Progressive, LLC, Ocwen Loan Servicing, LLC and Leticia Arias Correspondence: Exhibits in support of request for judicial notice. Date of service: 05/15/2023. [12716369] [23-55267] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 05/16/2023 by TYL] (Paino, Brian) [Entered: 05/15/2023 07:43 PM] |
| Filing 9 Filed (ECF) Appellees PHH Mortgage Corporation, Wells Fargo Bank, N.A., Western Progressive, LLC, Ocwen Loan Servicing, LLC and Leticia Arias Motion to take judicial notice of. Date of service: 05/15/2023. [12716368] [23-55267] (Paino, Brian) [Entered: 05/15/2023 07:33 PM] |
| Filing 8 Filed (ECF) Appellees PHH Mortgage Corporation, Ocwen Federal Bank FSB, Wells Fargo Bank, N.A., Western Progressive, LLC and Leticia Arias reply to response to Court order dated 04/06/2023. Date of service: 05/15/2023. [12716364] [23-55267] (Paino, Brian) [Entered: 05/15/2023 07:22 PM] |
| Filing 7 Fee status changed ( [Case Number 23-55267: Paid] ). [12709818] (RL) [Entered: 05/05/2023 11:42 AM] |
| Filing 6 Filed Appellant Alfred McZeal, Jr. statement that appeal should go forward; notice of payment if fees. Served on 05/01/2023. [12709815] (RL) [Entered: 05/05/2023 11:42 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: JW): A review of the district courts docket reflects that the district court has denied appellant leave to proceed on appeal in forma pauperis because it found the appeal is frivolous and not taken in good faith. 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 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. [12690334] (CKP) [Entered: 04/06/2023 10:52 AM] |
| Filing 4 Received copy of District Court order filed on 04/04/2023 ORDER on motion for leave to appeal in forma pauperis. The court has considered the motion and the motion is DENIED. [12688969] (RL) [Entered: 04/04/2023 03:18 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [12681689] (CKP) [Entered: 03/24/2023 04:17 PM] |
| Filing 2 Fee status changed ( [Case Number 23-55267: Due] ). [12681675] (CKP) [Entered: 03/24/2023 04:12 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Alfred McZeal Jr. opening brief due 05/22/2023. Appellees Leticia Arias, Ocwen Federal Bank FSB, Ocwen Loan Servicing, LLC, Option One Mortgage Corporation, PHH Mortgage Corporation, Wells Fargo Bank, N.A., Western Progressive Trustee, LLC and Western Progressive, LLC answering brief due 06/20/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12681150] (JMR) [Entered: 03/24/2023 10:02 AM] |
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