Timothy Whiting v. Walmart Inc., et al
| TIMOTHY LEWIS WHITING |
| WALMART INC., a Delaware corporation, registered to do business in California doing business as Walmart Supercenter Store No. 05096, DANIEL LEMUS, in his individual capacity as a loss prevention manager with Walmart Inc, COUNTY OF RIVERSIDE, a municipal corporation, RIVERSIDE COUNTY SHERIFFS DEPARTMENT, a public agency, PAUL QUESTEL, Badge ID No. 3314, in his individual capacity as a deputy with the Riverside County Sheriffs Department, JOHN DOE NO. 1, in his individual capacity as the male perpetrator and DOES 2-10 |
| 23-55421 |
| May 8, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Document Text |
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| Filing 6 Filed original and 6 copies of Appellant Mr. Timothy Lewis Whiting opening brief of 27 pages (Informal: Yes). Served on 06/30/2023. (briefing remains stayed) [12748195] (KT) [Entered: 07/03/2023 03:28 PM] |
| Filing 5 Filed (ECF) Appellant Mr. Timothy Lewis Whiting Correspondence: Statement that appeal should go forward. Date of service: 06/12/2023. [12734397] [23-55421] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 06/13/2023 by TYL] (Whiting, Timothy) [Entered: 06/12/2023 08:19 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 is frivolous and has denied appellants motion for leave to proceed in forma pauperis on appeal. 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. [12734145] (CKP) [Entered: 06/12/2023 03:57 PM] |
| Filing 3 Filed (ECF) Appellant Mr. Timothy Lewis Whiting Motion to proceed In Forma Pauperis. Date of service: 06/09/2023. [12732829] [23-55421] (Whiting, Timothy) [Entered: 06/09/2023 03:09 PM] |
| 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. [12712138] (CKP) [Entered: 05/09/2023 01:32 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 06/06/2023. Transcript due 07/06/2023. Appellant Timothy Lewis Whiting opening brief due 07/06/2023. Appellees County of Riverside, DOES 2-10, John Doe No. 1, Daniel Lemus, Paul Questel, Riverside County Sheriffs Department and Walmart Inc. answering brief due 08/07/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12710837] (ABT) [Entered: 05/08/2023 12:12 PM] |
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| Plaintiff / appellant: TIMOTHY LEWIS WHITING | |
| Represented By: | Timothy Lewis Whiting |
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| Defendant / appellee: WALMART INC., a Delaware corporation, registered to do business in California doing business as Walmart Supercenter Store No. 05096 | |
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| Defendant / appellee: DANIEL LEMUS, in his individual capacity as a loss prevention manager with Walmart Inc | |
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| Defendant / appellee: COUNTY OF RIVERSIDE, a municipal corporation | |
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| Defendant / appellee: RIVERSIDE COUNTY SHERIFFS DEPARTMENT, a public agency | |
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| Defendant / appellee: PAUL QUESTEL, Badge ID No. 3314, in his individual capacity as a deputy with the Riverside County Sheriffs Department | |
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| Defendant / appellee: JOHN DOE NO. 1, in his individual capacity as the male perpetrator | |
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| Defendant / appellee: DOES 2-10 | |
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