Sydney Cooper v. Daniel Paramo, et al
| SYDNEY COOPER, AKA Sidney Cooper |
| DANIEL PARAMO, Warden, Former, MARCUS POLLARD, Warden, Current, D. MCGUIRE, Litigation Coordinator, T. GIURBINO, Litigation Coordinator, T. T. DELGADO, Officer, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ZAVALA, Correctional Counselor, SERGEANT SCHARR, SERGEANT WALL, Correctional Sergeant, SERGEANT GODINEZ, Correctional Sergeant, L. ROMERO, Correctional Officer, E. RODRIGUEZ, Correctional Officer, C. TISCORNIA, Law Librarian and J. T. DELGADO, Correctional Officer |
| 23-55549 |
| June 23, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 11 Sent Appellant a copy of the FRAP and Ninth Circuit rules in response to the Form 29 request filed on 08/02/2023. [12767494] (JR) [Entered: 08/03/2023 12:32 PM] |
| Filing 10 Filed Appellant Sydney Cooper letter dated 07/24/2023 re: Request of rules book. Paper filing deficiency: None. (notice change of address: H58566, Highway 1, PO Box 8101, San Luis Obispo, CA 93409) [12767049]--[Edited: address updated. 08/03/2023 by SLM] (RL) [Entered: 08/02/2023 04:58 PM] |
| Filing 9 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 has revoked appellants in forma pauperis status. 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. [12766102] (CKP) [Entered: 08/01/2023 02:45 PM] |
| Filing 8 Received copy of District Court order filed on 07/20/2023 ORDER responding to referral notice. After review of the record herein, the Court concludes Plaintiffs appeal lacks any arguable basis in law or fact, and thus is considered not being taken in good faith pursuant to 28 U.S.C. 1915(a)(3). Accordingly, the Court hereby REVOKES Plaintiffs IFP status. See Gardner v. Pogue, 558 F.2d 548, 550 (9th Cir. 1977) (indigent appellant is permitted to proceed IFP on appeal only if appeal would not be frivolous). The Clerk of Court is DIRECTED to notify the Ninth Circuit Court of Appeals of this Order. See Fed. R. App. P. 24(a)(4). IT IS SO ORDERED. [12758896] (RL) [Entered: 07/20/2023 01:50 PM] |
| Filing 7 Streamlined request by Appellant Sydney Cooper to extend time to file the brief is not approved because it is unnecessary. The briefing schedule is stayed until resolution of the pending motion for appointment of counsel. See 9th Cir. R. 27-11. [12758184] (DR) [Entered: 07/19/2023 01:52 PM] |
| Filing 4 Filed referral notice (Deputy Clerk: MCD: Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12757230] (CKP) [Entered: 07/18/2023 01:12 PM] |
| Filing 3 Fee status changed ( [Case Number 23-55549: IFP] ). [12757228] (CKP) [Entered: 07/18/2023 01:11 PM] |
| Filing 6 Filed Appellant Sydney Cooper FORM 24 motion for appointment of counsel. Deficiencies: None. Served on 07/13/2023. [12757658] (RL) [Entered: 07/18/2023 05:51 PM] |
| Filing 5 Filed Appellant Sydney Cooper FORM 4 motion and affidavit for permission to proceed In Forma Pauperis. Deficiencies: None. Served on 07/13/2023. [12757657] (RL) [Entered: 07/18/2023 05:49 PM] |
| Filing 2 Filed Appellant Sydney Cooper letter dated 07/04/2023 re: Request for forms and questions concerning case. Paper filing deficiency: None. (Sent FORMS 4, 24, 25 and 29) [12752055] (RL) [Entered: 07/10/2023 03:23 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 Sydney Cooper opening brief due 08/21/2023. [12742158] (ABT) [Entered: 06/23/2023 02:09 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
