Simon v. Bostick, et al.
| PHILLIP WALTER SIMON |
| LYNNETTA M. WATTS, NORA L. WATTS, WILLIAM Y. WOODS, SHARON L. KALEMKARIAN, PENNIE K. MCLAUGHLIN, MAUREEN F. HALLAHAN, DOES 1-10 and TANISHA BOSTICK |
| 25-2164 |
| April 3, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on August 8, 2025. A more recent docket listing may be available from PACER.
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| Filing 23 MANDATE ISSUED Barry G. SILVERMAN, Kenneth K. LEE, Lawrence VANDYKE [Entered: 08/08/2025 08:46 AM] |
| Filing 22 SUPPLEMENTAL PETITION for a Writ of Mandamus and/or Prohibition filed by Appellant Phillip Walter Simon. [no action necessary, no further filings order entered] [Entered: 07/26/2025 08:45 AM] [Edited: 07/28/2025 08:20 AM] |
| Filing 21 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Phillip Walter Simon. [no action necessary, no further filings order entered] [Entered: 07/26/2025 08:33 AM] [Edited: 07/28/2025 08:19 AM] |
| Filing 20 STATUS REPORT filed by Appellant Phillip Walter Simon. [no action necessary, no further filings order entered] [Entered: 07/22/2025 12:25 PM] [Edited: 07/22/2025 01:09 PM] |
| Filing 19 SUPPLEMENTAL BRIEF submitted for filing by Appellant Phillip Walter Simon. [Entered: 07/22/2025 10:06 AM] |
| Filing 18 STATUS REPORT filed by Appellant Phillip Walter Simon. [no action necessary, no further filings order entered] [Entered: 07/22/2025 10:04 AM] [Edited: 07/22/2025 10:53 AM] |
| Filing 17 PETITION FOR REHEARING EN BANC filed by Appellant Phillip Walter Simon. [no action necessary, no further filings order entered[ [Entered: 07/17/2025 05:03 PM] [Edited: 07/18/2025 09:31 AM] |
| Filing 16 SUPPLEMENT to Motion for Injunctive Relief (DE 8) filed by Appellant Phillip Walter Simon. [no action necessary, no further filings order entered] [Entered: 07/17/2025 03:21 PM] [Edited: 07/17/2025 03:29 PM] |
Filing 15
ORDER FILED. (Barry G. SILVERMAN, Kenneth K. LEE, Lawrence VANDYKE) After considering the response to the courts June 11, 2025 order and the opening brief, we deny the motion to proceed in forma pauperis (Docket Entry No. 3) and dismiss this appeal as frivolous. See 28 U.S.C. 1915(a), (e)(2). All other pending motions are denied as moot. No further filings will be entertained in this closed case. DISMISSED. [Entered: 07/17/2025 09:09 AM]
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| Filing 14 RESPONSE to Order - General OSC (DE 13) filed by Appellant Phillip Walter Simon. [Entered: 06/12/2025 11:55 AM] |
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Filing 13
ORDER FILED. It appears that this appeal may be frivolous. If the appeal is frivolous, the court will deny permission to proceed in forma pauperis and dismiss the appeal. See 28 U.S.C. 1915(e)(2). Within 35 days, appellant must: (1) file a statement explaining why the appeal is not frivolous, OR (2) file a motion to voluntarily dismiss the appeal, see Fed. R. App. P. 42(b). If appellant files a statement explaining why the appeal is not frivolous, or any other response other than a motion to dismiss, the court will determine whether the appeal is frivolous. If it is frivolous, the appeal will be dismissed. If it is not frivolous, the appeal will proceed. If appellant files a statement that the appeal should go forward, appellees may file a response within 10 days after service of appellants statement. Briefing is stayed. If appellant does not respond to this order, the court may dismiss this appeal without further notice. The clerk will serve on appellant: (1) a form motion to voluntarily dismiss the appeal, and (2) a form statement that the appeal should go forward. [Entered: 06/11/2025 08:46 AM]
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Filing 12
ORDER FILED. On May 15, 2025, the district court resolved the post-judgment motions. The stay of proceedings is therefore lifted and this appeal will proceed. Appellants motions to proceed in forma pauperis and for injunctive relief will be addressed by separate order. Briefing is stayed. See 9th Cir. R. 27-11(a)(4). [Entered: 05/30/2025 02:46 PM]
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| Filing 11 RESPONSE to Court Order (DE 9) filed by Appellant Phillip Walter Simon. [Court entered filing to correct DE 10] [Entered: 05/16/2025 10:00 AM] |
| Filing 10 DEFECTIVE---STATUS REPORT filed by Appellant Phillip Walter Simon. [Wrong filing type, corrected in DE 11] [Entered: 05/16/2025 09:34 AM] [Edited: 05/16/2025 10:01 AM] |
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Filing 9
ORDER FILED. The district court entered a dismissal order and judgment on March 6, 2025. Proceedings in this court are stayed until the district court determines whether the objections appellant filed on March 7, 2025 are a timely tolling motion under Fed. R. App. P. 4(a)(4), and rules on the motion. See Fed. R. App. P. 4(a)(4), Fed R. Civ. P. 62.1; Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 7 days after the district courts ruling, appellant must inform this court in writing whether appellant intends to proceed with the appeal from the judgment. To challenge the district courts ruling on the post-judgment motion, appellant must file a timely notice of appeal. See Fed. R. App. P. 4(a). The clerk will send a copy of this order to the district judge. [Entered: 05/14/2025 08:46 AM]
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| Filing 8 MOTION for Injunctive Relief filed by Appellant Phillip Walter Simon. [Court entered filing, PDF from DE 7] [Entered: 05/08/2025 11:12 AM] |
| Filing 7 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Phillip Walter Simon. [Court Update to Attach Corrected PDF] [Entered: 05/08/2025 10:51 AM] [Edited: 05/08/2025 11:08 AM] |
| Filing 6 CLERK ACTION: Opening Brief submitted at DE 5 by Appellant Phillip Walter Simon is filed. No paper copies are required. [Entered: 04/10/2025 11:57 AM] |
| Filing 5 OPENING BRIEF submitted for filing by Appellant Phillip Walter Simon.--[COURT UPDATE: attached searchable PDF of brief.] [Entered: 04/10/2025 09:44 AM] [Edited: 04/10/2025 11:55 AM] |
| Filing 4 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Phillip Walter Simon. [Entered: 04/05/2025 08:50 AM] |
| Filing 3 District Court Order/Notice Received. [Motion for IFP filed with Notice of Appeal.] [Entered: 04/04/2025 01:30 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 5/16/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 6/16/2025. For appeal no. 25-2164, 3:24-cv-01665-CAB-MSB. 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: 04/03/2025 02:22 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:24-cv-01665-CAB-MSB 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 25-2164 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: 04/03/2025 02:20 PM] |
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