Andrew Valles v. United States Attorney General, et al
| ANDREW VALLES |
| UNITED STATES ATTORNEY GENERAL, ATTORNEY GENERAL FOR THE STATE OF CALIFORNIA and ATTORNEY GENERAL FOR THE STATE OF UTAH |
| 23-55441 |
| May 15, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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This docket was last retrieved on July 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 Filed clerk order (Deputy Clerk: MCD): Appellants motion to consolidate (Docket Entry No. [ # 11 ]) is denied. The court has received appellants statement in response to the June 15, 2023 order to show cause. The June 15, 2023 order to show cause and all other pending motions will be addressed by separate order. The briefing schedule for this appeal remains stayed.[12750311] (WL) [Entered: 07/07/2023 09:06 AM] |
| Filing 12 Filed Appellant Andrew Valles rstatement that the appeal should go forward. [12749373] (JFF) [Entered: 07/05/2023 05:24 PM] |
| Filing 11 Filed Appellant Andrew Valles motion to consolidate. Deficiencies: None. [12749368] (JFF) [Entered: 07/05/2023 05:19 PM] |
| Filing 10 Filed original and 0 copies of Appellant Andrew Valles opening brief of 11 pages (Informal: Yes). Served on 05/04/2023. Minor deficiency: briefing is stayed, osc pending. [12737078] (KWG) [Entered: 06/15/2023 02:30 PM] |
| Filing 9 Filed clerk order (Deputy Clerk: MCD): On May 22, 2023, this court issued an order staying appellate proceedings pending disposition of the December 14, 2022 motion in the district court. On May 24, 2023, the district court denied the motion. The stay order filed May 22, 2023, is lifted and this appeal shall proceed. A review of the district courts docket reflects that the district court has certified that this appeal is 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 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 the court dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). The briefing schedule for this appeal is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, and (2) a form statement that the appeal should go forward. Appellant may use the enclosed forms for any motion to dismiss the appeal or statement that the appeal should go forward. [12737062] (CKP) [Entered: 06/15/2023 02:22 PM] |
| Filing 8 Sent Appellant a copy of the docket sheet and the FRAP and Ninth Circuit rules in response to the Form 29 request filed on 06-09-2023. [12736145] (JR) [Entered: 06/14/2023 03:53 PM] |
| Filing 4 Received copy of amended notice of appeal from district court. [12735964] (JFF) [Entered: 06/14/2023 02:30 PM] |
| Filing 3 Filed Appellant Andrew Valles motion. Deficiencies: None. Served on 6/3/2023 [12735476] (JFF) [Entered: 06/14/2023 09:22 AM] |
| Filing 7 Filed Appellant Andrew Valles letter dated re: Form 29. Request for Docket Sheet, Document, or Rules. Paper filing deficiency: None. [12736096] (JFF) [Entered: 06/14/2023 03:19 PM] |
| Filing 6 Filed Appellant Andrew Valles letter dated re: Form 33. Inmate Declaration of Timely Filing. Paper filing deficiency: None. [12736085] (JFF) [Entered: 06/14/2023 03:15 PM] |
| Filing 5 Filed Appellant Andrew Valles motion to proceed In Forma Pauperis. Deficiencies: None. [12736076] (JFF) [Entered: 06/14/2023 03:14 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): The courts records reflect that the notice of appeal was filed during the pendency of a timely-filed motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The May 8, 2023 notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court are held in abeyance pending the district courts resolution of the pending December 14, 2022 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 14 days after the district courts ruling on the pending motion, appellant shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [12720613] (CKP) [Entered: 05/22/2023 04:36 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 Andrew Valles opening brief due 07/17/2023. [12716187] (RT) [Entered: 05/15/2023 04:01 PM] |
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