Lowry v. Bragg, et al.
| BOBBY FRANCIS LOWRY |
| LEO DUTTON and Capt. BRAGG |
| 24-5282 |
| August 28, 2024 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 7 MEDIATION ORDER (text only): Mediation Dismissal Due 10/21/2024. Appellant to file a motion or stipulation to dismiss, or contact the circuit mediator. Briefing schedule amended as follows: Opening Brief Due 10/22/2024, Answering Brief Due 11/21/2024, Optional reply brief due within 14 days from the service date of the answering brief. [Entered: 10/04/2024 08:26 AM] |
| Filing 6 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 10/3/2024, 1:00 p.m. PACIFIC Time. See order for instructions and details. [Entered: 09/17/2024 08:05 AM] |
Filing 5
ORDER FILED. Appellant Bobby Francis Lowry, prison identification number 3021648, has been granted leave to proceed in forma pauperis in this appeal and has completed and filed the required authorization form directing the appropriate prison officials to assess, collect, and forward to the district court the filing and docketing fees for this appeal pursuant to 28 U.S.C. 1915(b)(1) and (2). This court hereby assesses an initial filing fee of 20 percent of the greater of: (A) the average monthly deposits to the prisoner's account; or (B) the average monthly balance in the prisoner's account for the six-month period immediately preceding the filing of the August 26, 2024 notice of appeal. Appellant is not responsible for payment when the funds in appellants prison trust account total less than $10, but payments must resume when additional deposits are made or funds are otherwise available. The Clerk will serve this order and appellants completed authorization form on the Attorney General for the State of Montana, who will notify the appropriate agency or prison authority responsible for calculating, collecting, and forwarding the initial payment assessed in this order and for assessing, collecting, and forwarding the remaining monthly payments of the fee to the district court for this appeal. See 28 U.S.C. 1915(b)(2). Each payment should be accompanied by the district court and appellate docket numbers for this appeal and a record of previous payments made for this appeal. The Clerk will also serve a copy of this order on the district court Clerk and the district court financial unit. [Entered: 09/12/2024 02:08 PM]
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| Filing 4 Received PLRA Authorization filed by Appellant Bobby Francis Lowry. [Entered: 09/09/2024 12:22 PM] |
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Filing 3
ORDER FILED. A review of the district court docket reflects that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date. Consequently, appellants forma pauperis status continues in this court. Fed. R. App. P. 24(a). Pursuant to 28 U.S.C. 1915(b)(1) and (2), however, appellant must pay the full amount of the filing and docketing fees for this appeal when funds are available in appellants account. Consequently, within 21 days after the filing date of this order, appellant must complete and file with this court the enclosed authorization form, which directs the prison officials at appellants institution to assess, collect, and forward to the court the $605.00 filing and docketing fees for this appeal on a monthly basis whenever funds exist in appellants trust fund account. These fees will continue to be collected regardless of the date or manner of disposition of this appeal. See 28 U.S.C. 1915(b)(2) and (e)(2). Appellant is not responsible for payment when the funds in appellants prison trust account total less than $10.00, but payments must resume when additional deposits are made or funds are otherwise available. If appellant fails to comply with this order, the appeal may be dismissed by the Clerk. See 9th Cir. R. 42-1. The Clerk will send a prisoner authorization form to appellant. [Entered: 09/03/2024 04:16 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 10/7/2024, Appeal Answering Brief (No Transcript Due) (Appellee) 11/6/2024. For appeal no. 24-5282, 6:22-cv-00023-JTJ. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 08/28/2024 02:01 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 6:22-cv-00023-JTJ 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 24-5282 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: 08/28/2024 01:57 PM] |
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