Jackson v. Surber, et al.
| CALVIN JACKSON, JR. |
| S. SURBER, ERIN REYES, R. PERSON, MARK NOOTH, HEIDI STEWARD, ACTING DIRECTOR, KEN JESKE, KATE BROWN, STATE OF OREGON, RUMSEY, JOE BUGHER, CINTHIA DIETER, JOHNSTON, JOHN/JANE DOES, COLETTE S. PETERS and C. Peters |
| 25-2203 |
| April 4, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 20
ORDER FILED. Answering Brief submitted at DE 18 by Appellees is filed. Appellees must file 6 copies of the brief in paper format securely bound on the left side with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be addressed to the Clerks principal office and mailed or transmitted to a delivery service within 7 days of this order. The Excerpts of Record submitted at DE 19 by Appellees are filed. No paper copies of the excerpts are required at this time. [Entered: 09/22/2025 10:23 AM]
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| Filing 19 EXCERPTS OF RECORD submitted for filing by Appellee S. Surber, Appellee Erin Reyes, Appellee R. Person, Appellee Mark Nooth, Appellee Heidi Steward, Appellee Ken Jeske, Appellee Colette Peters, Appellee Kate Brown, Appellee State of Oregon, Appellee Rumsey, Appellee Joe Bugher, Appellee Cinthia Dieter, Appellee Johnston. [Entered: 09/19/2025 01:49 PM] |
| Filing 18 ANSWERING BRIEF submitted for filing by Appellee S. Surber, Appellee Erin Reyes, Appellee R. Person, Appellee Mark Nooth, Appellee Heidi Steward, Appellee Ken Jeske, Appellee Colette Peters, Appellee Kate Brown, Appellee State of Oregon, Appellee Rumsey, Appellee Joe Bugher, Appellee Cinthia Dieter, Appellee Johnston. [Entered: 09/19/2025 01:43 PM] |
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Filing 17
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 16) granted. Amended briefing schedule: Answering Brief Due (Appellee) 9/19/2025. 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: 08/13/2025 01:02 PM]
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| Filing 16 Streamlined Request for Extension of Time to File Brief filed by Appellee S. Surber, Appellee Erin Reyes, Appellee R. Person, Appellee Mark Nooth, Appellee Heidi Steward, Appellee Ken Jeske, Appellee Colette Peters, Appellee Kate Brown, Appellee State of Oregon, Appellee Rumsey, Appellee Joe Bugher, Appellee Cinthia Dieter, Appellee Johnston. [Entered: 08/13/2025 10:47 AM] |
| Filing 15 Attorney Robert M. Wilsey as Counsel for Appellee substituted for Attorney Denise Gale Fjordbeck. [Entered: 07/22/2025 02:39 PM] |
| Filing 14 NOTICE OF APPEARANCE by Robert M. Wilsey for Appellee Cinthia Dieter, Appellee Colette Peters, Appellee Erin Reyes, Appellee Heidi Steward, Appellee Joe Bugher, Appellee Johnston, Appellee Kate Brown, Appellee Ken Jeske, Appellee Mark Nooth, Appellee R. Person, Appellee Rumsey, Appellee S. Surber, Appellee State of Oregon replacing Denise Gale Fjordbeck. [Entered: 07/22/2025 02:35 PM] |
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Filing 13
ORDER FILED. Barry G. SILVERMAN, Lawrence VANDYKE The court, in its discretion, denies the motion (Docket Entry No. 7) for appointment of pro bono counsel. The answering brief is due August 20, 2025. The optional reply brief is due 21 days after the answering brief is served. [Entered: 07/21/2025 12:00 PM]
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Filing 12
ORDER FILED. Appellant was permitted to proceed in forma pauperis in the district court. That status continues in this court because it has not been revoked. See Fed. R. App. P. 24(a). The motion (Docket Entry No. 8) to proceed in forma pauperis on appeal is therefore unnecessary. Appellant Calvin Jackson, Jr., prison identification number 11095502, 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 April 2, 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 OR 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: 06/12/2025 03:32 PM]
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| Filing 11 Received PLRA Authorization filed by Appellant Calvin Jackson, Jr.. [Entered: 05/07/2025 01:27 PM] |
| Filing 10 Attorney Denise Gale Fjordbeck as Counsel for Appellee substituted for Attorney Nathaniel Aggrey. [Entered: 05/02/2025 08:47 AM] |
| Filing 9 NOTICE OF APPEARANCE by Denise Gale Fjordbeck for Appellee Cinthia Dieter, Appellee Colette Peters, Appellee Erin Reyes, Appellee Heidi Steward, Appellee Joe Bugher, Appellee Johnston, Appellee Kate Brown, Appellee Ken Jeske, Appellee Mark Nooth, Appellee R. Person, Appellee Rumsey, Appellee S. Surber, Appellee State of Oregon replacing Nathaniel Aggrey. [Entered: 05/02/2025 08:14 AM] |
| Filing 8 MOTION to Proceed In Forma Pauperis filed by Appellant Calvin Jackson, Jr.. [Entered: 04/24/2025 09:17 AM] |
| Filing 7 MOTION for Appointment of Counsel filed by Appellant Calvin Jackson, Jr.. [Entered: 04/24/2025 09:14 AM] |
| Filing 6 CLERK ACTION: Opening Brief submitted at DE 5 by Appellant Calvin Jackson, Jr. is filed. Original and 0 copies. [Entered: 04/23/2025 04:32 PM] |
| Filing 5 OPENING BRIEF submitted for filing by Appellant Calvin Jackson, Jr. [Entered: 04/23/2025 04:31 PM] |
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Filing 4
ORDER FILED. Appellant was permitted to proceed in forma pauperis in the district court. That status continues in this court because it has not been revoked. See Fed. R. App. P. 24(a). The full $605 in fees for this appeal will still 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 06:20 PM]
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| Filing 3 ADDED Appellee John/Jane Does [Entered: 04/04/2025 03:14 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 5/14/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 6/13/2025. For appeal no. 25-2203, 2:22-cv-01832-SB. 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: 04/04/2025 02:43 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:22-cv-01832-SB 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 25-2203 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: 04/04/2025 02:40 PM] |
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