Hayes v. Nettles, et al.
| MICHAEL THERON HAYES |
| RACHEL NETTLES, MICHAEL MONTGOMERY, CHARLES JOHANNESSEN and FELIX DIAZ |
| 25-2102 |
| April 1, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 12, 2025. A more recent docket listing may be available from PACER.
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Filing 15
ORDER FILED. The motion (Docket Entry No. 14) for an extension of time to file the opening brief is granted. The opening brief is due October 13, 2025. The answering brief is due November 12, 2025. The optional reply brief is due 21 days after the answering brief is served. [Entered: 09/12/2025 01:37 PM]
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| Filing 14 MOTION to Extend Time to File Brief filed by Appellant Michael Theron Hayes. [Entered: 09/11/2025 12:05 PM] |
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Filing 13
ORDER FILED. Paper Streamlined Request for Extension of Time to File Brief (DE 12) granted. Amended briefing schedule: Opening Brief Due (Appellant) 9/10/2025, Answering Brief Due (Appellee) 10/10/2025. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 08/28/2025 04:14 PM]
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| Filing 12 STREAMLINED request for extension of time to file brief for 30 days filed by Appellant Michael Theron Hayes. (Forwarded to clerk by appellees' counsel on 08/28/2025) [Entered: 08/28/2025 01:37 PM] |
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Filing 11
ORDER FILED. Kim McLane WARDLAW, Anthony D. JOHNSTONE The court, in its discretion, denies the motion (Docket Entry No. 3) for appointment of pro bono counsel. The opening brief is due August 11, 2025. The answering brief is due September 10, 2025. The optional reply brief is due 21 days after the answering brief is served. Appellant is not required to submit excerpts of record. If appellant does not submit excerpts, appellees must submit all documents cited in the pro se opening brief or otherwise required by the rules. See 9th Cir. R. 30-1. [Entered: 06/20/2025 06:56 PM]
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Filing 10
ORDER FILED. Paper Streamlined Request for Extension of Time to File Brief (DE 9) denied as unnecessary. It is unnecessary because briefing is stayed pending resolution of appellant's motion (DE 3) for appointment of counsel. See 9th Cir. R. 27-11. [Entered: 06/16/2025 04:05 PM]
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| Filing 9 STREAMLINED request for extension of time to file brief for 30 days filed by Appellant Michael Theron Hayes. [Entered: 06/16/2025 03:59 PM] |
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Filing 8
ORDER FILED. Appellant Michael Theron Hayes, prison identification number 20633, is proceeding in forma pauperis and has filed the form authorizing prison officials to assess, collect, and forward to the district court the fees for this appeal. See 28 U.S.C. 1915(b)(1) and (2). This court assesses an initial filing fee that equals 20 percent of the greater of: (A) the average monthly deposits to appellants prison trust account; or (B) the average monthly balance in appellants account for the six months preceding March 31, 2025, when the notice of appeal was filed. Payments will not be made when funds in the account total less than $10, but payments will resume when funds become available. The clerk will serve this order and the authorization form on the Attorney General for the State of ID who must notify the agency or prison authority responsible for administering payments for this appeal. See 28 U.S.C. 1915(b)(2). Each payment should be accompanied by the district court and appeals court docket numbers for this case and a record of prior 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: 05/12/2025 02:51 PM]
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| Filing 7 Received PLRA Authorization filed by Appellant Michael Theron Hayes. [Entered: 04/21/2025 02:58 PM] |
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Filing 6
ORDER FILED. Appellant was permitted to proceed in forma pauperis in the district court and has been granted leave to proceed in forma pauperis on appeal. See Fed. R. App. P. 24(a). The full $605 in fees for this appeal will be collected when adequate funds are available in appellants prison trust account. See 28 U.S.C. 1915(b)(1), (b)(2). Within 21 days, appellant must complete the enclosed authorization form and file it with this court. If appellant does not do so, the court will dismiss the appeal. See 9th Cir. R. 42-1. The clerk will serve this order and a prisoner authorization form on appellant. [Entered: 04/15/2025 10:05 AM]
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| Filing 5 District Court Order/Notice Received. [Entered: 04/11/2025 11:23 AM] |
| Filing 4 Amended Notice of Appeal Received. [Entered: 04/08/2025 04:01 PM] |
| Filing 3 MOTION for Appointment of Counsel filed by Appellant Michael Theron Hayes. [Entered: 04/07/2025 04:45 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Transcript Order Due (Appellant) 4/14/2025, Appeal Transcript Due (Appellant) 5/14/2025, Appeal Opening Brief Due (Appellant) 6/23/2025, Appeal Answering Brief Due (Appellee) 7/23/2025. For appeal no. 25-2102, 1:16-cv-00534-DCN. 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: 04/01/2025 02:26 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:16-cv-00534-DCN 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 25-2102 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. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 04/01/2025 02:22 PM] |
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