Gwen v. Degard, et al.
| GERALD VAUGHN GWEN |
| T. DEGARD, Deputy Warden, BREZNECK, First Name Unknown, Captain, MORA, First Name Unknown, Nurse, BURNETT, First Name Unknown, Doctor, ROJAS, First Name Unknown, Officer, RODRIGUEZ, First Name Unknown, Doctor and BAKER, First Name Unknown, Health Service Administrator |
| 24-6581 |
| October 28, 2024 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 6
ORDER FILED. On December 9, 2024, the court dismissed this appeal for failure to prosecute because appellant had not returned a completed prisoner authorization form. See 9th Cir. R. 42-1. Appellant has now filed a motion to reinstate the appeal, indicating that appellant sent a prior change of address that was not received by the court and that appellant did not received the courts prior orders. The motion (Docket Entry No. 5) to reinstate this appeal is granted. The December 9, 2024 order is vacated, and the appeal is reinstated. 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that appellant was permitted to proceed in forma pauperis in the district court, and that such permission has not been revoked to date.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 opening brief is due January 27, 2025. Because there is no appearance by appellees, briefing will be complete upon filing of the opening brief. The Clerk will send a prisoner authorization form to appellant. [Entered: 12/24/2024 01:54 PM]
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| Filing 5 MOTION to Reinstate filed by Appellant Gerald Vaughn Gwen. [Entered: 12/16/2024 10:35 AM] |
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Filing 4
ORDER FILED. On October 30, 2024, this court ordered appellant to complete and file with this court a prisoner authorization form. The order warned appellant that failure to comply would result in the automatic dismissal of the appeal by the Clerk of the Court. To date, appellant has not complied with the courts order. Accordingly, this appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1. This order served on the district court will, 21 days after the date of the order, act as and for the mandate of this court. [Entered: 12/09/2024 02:10 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: 10/30/2024 12:07 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 12/9/2024. For appeal no. 24-6581, 2:24-cv-00389-JAT--JFM. 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: 10/28/2024 03:43 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:24-cv-00389-JAT--JFM 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 24-6581 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: 10/28/2024 03:35 PM] |
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