Eric Malone v. Bank of the West, et al
| ERIC RAY MALONE and ERIC MALONE |
| BANK OF THE WEST and KAREN CARNER, Branch Manager |
| 23-55531 |
| June 20, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
Docket Report
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| Filing 7 Filed clerk order (Deputy Clerk: MCD): 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) f ile 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 pro secute, 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 tha n a motion to dismiss the appeal, the court may dismiss this appeal as frivolous, without further notice. The briefing schedule for this appeal remains 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 this appeal or statement that the appeal should go forward. [12770208] (WL) [Entered: 08/08/2023 10:18 AM] |
| Filing 6 Filed clerk order (Deputy Clerk: MCD): On August 1, 2023, the court dismissed this appeal for failure to prosecute because appellant had not paid the filing and docketing fees or filed a motion to proceed in forma pauperis. See 9th Cir. R. 42 1. Appellant has now filed a motion to proceed in forma pauperis. The motion to reinstate this appeal is granted (Docket Entry No. [ # 5 ]). The August 1, 2023 order is vacated, and the appeal is reinstated. Briefing is stayed pending resolution of appellants motion to proceed in forma pauperis, which will be addressed by separate order See 9th Cir. R. 27-11. [12768073] (WL) [Entered: 08/04/2023 09:33 AM] |
| Filing 5 Filed (ECF) Appellant Mr. Eric Malone Motion to proceed In Forma Pauperis, Motion to reinstate case after FRAP 42-1 dismissal. Date of service: 08/02/2023. [12767192]--[COURT ENTERED FILING to correct entry [4].] (SLM) [Entered: 08/03/2023 08:48 AM] |
| Filing 4 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 5 ]. Original Text: Filed (ECF) Appellant Mr. Eric Malone response to Court order dated 08/02/2023. Date of service: 08/02/2023. [12767016] [23-55531] (Malone, Eric) [Entered: 08/02/2023 04:24 PM] |
| Filing 3 Filed order (Deputy Clerk: MCD): 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 06/26/2023). This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [12766028] (CKP) [Entered: 08/01/2023 02:10 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): Order to show cause docket fee due [12743343] (CKP) [Entered: 06/26/2023 04:47 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 Eric Ray Malone opening brief due 08/14/2023. [12738770] (ABT) [Entered: 06/20/2023 10:29 AM] |
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