United States of America v. Ottinger
| UNITED STATES OF AMERICA |
| MICHAEL EDWARD OTTINGER, JR. |
| 23-897 |
| May 10, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 8 MAIL RETURNED. DE 6 addressed to Appellant Michael Edward Ottinger, Jr.. Action taken: resending to same address (USP McCreary) with prisoner registration number (with a copy of DE 7). [Entered: 11/08/2023 09:48 AM] |
Filing 7
ORDER FILED. After appellant missed the deadline to file the opening brief, a default order was entered giving appellant until September 27, 2023, to file the opening brief. To date, no opening brief has been filed. Appellant will have one final opportunity to prosecute this appeal. Within 30 days after this order, appellant must file the pro se opening brief stating in his own words why he believes the district courts decision was incorrect. The remainder of the briefing schedule will be set upon appellants compliance with this order. If appellant fails to comply with this order, this appeal will be dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [Entered: 10/10/2023 04:55 PM]
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Filing 6
ORDER FILED. . Response to Default OSC Due 9/27/2023 [Entered: 09/13/2023 04:12 PM]
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Filing 5
ORDER FILED. Appellants motion (Docket Entry No. 4) for an extension of time to file a motion to proceed in forma pauperis is unnecessary. Appellant was incorrectly informed that fees are due. The district court found appellant financially eligible for appointed counsel and never revoked that status. Appellant, therefore, may proceed in forma pauperis on appeal without further authorization. See Fed. R. App. P. 24(a)(3). Because appellant is proceeding without counsel, he is responsible for preparing a pro se brief stating, in his own words, why he believes the district courts decision was incorrect. Appellants pro se opening brief is due on July 17, 2023. Appellant is not required to submit excerpts of record. See 9th Cir. R. 30-1.3. Appellees answering brief and supplemental excerpts of record are due August 16, 2023. The supplemental excerpts of record must contain all of the documents that are cited in appellants pro se opening brief or otherwise required by Rule 30-1.4, as well as the documents that are cited in appellees brief. See 9th Cir. R. 30-1.3. Appellants optional pro se reply brief is due within 21 days after service of the answering brief. If appellant does not file a timely pro se opening brief, the appeal may be dismissed for failure to prosecute. See 9th Cir. R. 42-1. The Clerk will serve on appellant a copy of the Federal Rules of Appellate Procedure and the 9th Circuit Rules. [Entered: 06/14/2023 02:10 PM]
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| Filing 4 MOTION to extend time to respond to court order filed by Appellant Michael Edward Ottinger, Jr.. [Entered: 06/01/2023 02:01 PM] |
| Filing 3 CORRESPONDENCE filed by Appellant Michael Edward Ottinger, Jr.. [Entered: 06/01/2023 01:18 PM] |
| Filing 2 SCHEDULE NOTICE. Sentence imposed: N/A. Appeal No RT Opening Brief Due 7/7/2023, Appeal No RT Answering Briefing Due 8/7/2023. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner to comply with this briefing schedule may result in automatic dismissal of the appeal. See 9th Cir. R. 42-1 [Entered: 05/10/2023 03:55 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 23-897 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Counsel should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 05/10/2023 03:31 PM] |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Mr. Ryan A. Sausedo |
| Represented By: | Mr. Daniel Earl Zipp |
| Represented By: | Mr. W. Mark Conover |
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| Defendant / appellant: MICHAEL EDWARD OTTINGER, JR. | |
| Represented By: | Michael Edward Ottinger, Jr |
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