Earle v. Parties, et al.
| VIVIAN A. EARLE and Vivian A. Earl |
| UNKNOWN PARTIES, Named as Jhon Does A-G - Correctional Officers; Jane Does H-I - Nurse-RN dismissed per Order 11, UNKNOWN KELLEY, Unit Manager, Unknown RUNNING, ADO Chief of Unit Management, unknown COLEMAN, Correctional Officer, unknown ATKINSON-RITCHEY, Unit Manager, unknown NUNEZ, Correctional Officer at Central AZ Florence Correctional Complex, unknown FRAZIER, Chief of Security, unknown FORMATO, Correctional Officer, unknown MCTIGHE, Assistant Warden, unknown MILLER, Correctional Officer, KEVIN KLINE, Warden, unknown DOOLEY, Assistant Shift Supervisor, unknown BARNEY, Case Manager, unknown LEIGHTON, Senior Correctional Officer, Unknown CHILD, Unit Manager, unknown MORENO-BRUNO, Shift Supervisor and unknown TOLBERT, Nurse |
| 25-2923 |
| May 6, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 14 RESPONSE to Motion for Appointment of Counsel (DE 11) filed by Appellee Coleman, Appellee Nunez, Appellee Formato, Appellee Miller, Appellee Dooley, Appellee Leighton, Appellee Moreno-Bruno, Appellee Tolbert. [Entered: 10/31/2025 01:17 PM] |
Filing 13
ORDER FILED. Appellant Vivian A. Earle, prison identification number 23926-508, 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 May 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 officials at the FCI Victorville Medium I 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. Briefing is stayed pending appellants motion for counsel which will be addressed in a future order. [Entered: 10/23/2025 02:49 PM]
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| Filing 12 Received PLRA Authorization filed by Appellant Vivian A. Earle. [Entered: 10/21/2025 02:56 PM] |
| Filing 11 MOTION for Appointment of Counsel filed by Appellant Vivian A. Earle. [Entered: 10/21/2025 02:55 PM] |
| Filing 10 MOTION to Amend Case Caption filed by Appellant Vivian A. Earle. [Entered: 10/10/2025 12:07 PM] |
| Filing 9 MOTION for Miscellaneous Relief filed by Appellant Vivian A. Earle. [Entered: 10/02/2025 11:29 AM] |
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Filing 8
ORDER FILED. Jennifer SUNG, Holly A. THOMAS The motion (Docket Entry No. 7) to proceed in forma pauperis is granted. Even so, 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), regardless of how or when this appeal ends, see 28 U.S.C. 1915(b)(2), (e)(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 opening brief is due November 3, 2025. The answering brief is due December 3, 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. The clerk will serve this order and a prisoner authorization form on appellant. [Entered: 09/30/2025 12:30 PM] [Edited: 09/30/2025 12:35 PM]
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| Filing 7 MOTION to Proceed In Forma Pauperis filed by Appellant Vivian A. Earle. [Entered: 07/22/2025 01:24 PM] |
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Filing 6
ORDER FILED. . Response to Fee Order due (Appellant) 7/21/2025 [Entered: 06/23/2025 05:17 PM]
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| Filing 5 MOTION for Miscellaneous Relief filed by Appellant Vivian A. Earle. [Entered: 05/28/2025 06:19 PM] |
| Filing 4 ADDED Counsel for Appellee Kevin L. Nguyen [Entered: 05/28/2025 03:52 PM] |
| Filing 3 NOTICE OF APPEARANCE by Kevin L. Nguyen for Appellee Coleman, Appellee Dooley, Appellee Formato, Appellee Leighton, Appellee Miller, Appellee Moreno-Bruno, Appellee Nunez, Appellee Tolbert. [Entered: 05/28/2025 03:31 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 6/16/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 7/15/2025. For appeal no. 25-2923, 2:22-cv-01351-DLR-CDB. 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: 05/06/2025 02:46 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:22-cv-01351-DLR-CDB 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 25-2923 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: 05/06/2025 02:40 PM] |
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