Rodriguez v. State of Montana, et al.
| JUAN RODRIGUEZ |
| STATE OF MONTANA, MONTANA DEPARTMENT OF HEALTH AND HUMAN SERVICES, ANNA FISHER, JUDY HARTELIUS, AMANDA HOPE, THERESA DIEKHANS, THERESA ADAMS, APRIL JONES, SAHRITA JONES, HEATHER SMITH, BRANDI CAMPBELL, BECCI DELINGER, ALANA KIETZMAN, LISA ANDERSON MANGAN, TREVOR LEWIS and UNKNOWN PARTIES, named as John Doe and Jane Doe (DPHHS Employees) |
| 25-4432 |
| July 17, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 20 TEXT ORDER FILED. The motion (Docket Entry No. 19) for an extension of time to file the opening brief is granted. The opening brief is due March 9, 2026.The answering brief is due April 8, 2026.The optional reply brief is due 21 days after the answering brief is served. [Entered: 01/12/2026 02:17 PM] |
| Filing 19 MOTION to Extend Time to File Brief filed by Appellant Juan Rodriguez. [Entered: 01/03/2026 01:50 PM] |
Filing 18
ORDER FILED. Paper Streamlined Request for Extension of Time to File Brief (DE 17) granted. Amended briefing schedule: Opening Brief Due (Appellant) 1/7/2026, Answering Brief Due (Appellee) 2/6/2026. 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: 12/05/2025 04:36 PM]
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| Filing 17 STREAMLINED request for extension of time to file brief for 30 days filed by Appellant Juan Rodriguez. [Entered: 12/05/2025 04:01 PM] |
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Filing 16
ORDER FILED. Marsha S. BERZON, Johnnie B. RAWLINSON, Daniel P. COLLINS The motion (Docket Entry No. 10) for summary disposition is denied without prejudice to raising the arguments in the answering brief. The opening brief is due December 8, 2025. The answering brief is due January 7, 2026. 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, appellee must submit all documents cited in the pro se opening brief or otherwise required by the rules. See 9th Cir. R. 30-1. [Entered: 10/23/2025 03:55 PM]
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Filing 15
ORDER FILED. Appellant Juan Rodriguez, prison identification number 3005929, 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 July 15, 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 MT 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: 09/09/2025 02:17 PM]
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| Filing 14 REPLY to Response to Motion for Summary Disposition or to Dismiss (DE 13) filed by Appellee State of Montana, Appellee Montana Department of Health and Human Services, Appellee Anna Fisher, Appellee Judy Hartelius, Appellee Amanda Hope, Appellee Theresa Diekhans, Appellee Theresa Adams, Appellee April Jones, Appellee Sahrita Jones, Appellee Heather Smith, Appellee Brandi Campbell, Appellee Becci Delinger, Appellee Alana Kietzman, Appellee Trevor Lewis, Appellee Unknown Parties. [Entered: 09/03/2025 08:07 PM] |
| Filing 13 RESPONSE to Motion for Summary Disposition or to Dismiss (DE 10) filed by Appellant Juan Rodriguez. [Entered: 08/27/2025 02:51 PM] |
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Filing 12
ORDER FILED. Paper Streamlined Request for Extension of Time to File Brief (DE 11) denied as unnecessary. It is unnecessary. The briefing schedule is stayed. Briefing shall be reset as necessary pending resolution of the motion for summary disposition (DE10). [Entered: 08/26/2025 09:29 AM]
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| Filing 11 STREAMLINED request for extension of time to file brief for 30 days filed by Appellant Juan Rodriguez. [Entered: 08/25/2025 04:30 PM] |
| Filing 10 MOTION for Summary Disposition or to Dismiss filed by Appellee State of Montana, Appellee Montana Department of Health and Human Services, Appellee Anna Fisher, Appellee Judy Hartelius, Appellee Amanda Hope, Appellee Theresa Diekhans, Appellee Theresa Adams, Appellee April Jones, Appellee Sahrita Jones, Appellee Heather Smith, Appellee Brandi Campbell, Appellee Becci Delinger, Appellee Alana Kietzman, Appellee Trevor Lewis. [Entered: 08/15/2025 03:36 PM] |
| Filing 9 Received PLRA Authorization filed by Appellant Juan Rodriguez. [Entered: 08/13/2025 10:18 AM] |
| Filing 8 ADDED Counsel for Appellee Antonia P. Marra [Entered: 08/11/2025 01:53 PM] |
| Filing 7 NOTICE OF APPEARANCE by Antonia P. Marra for Appellee Alana Kietzman, Appellee Amanda Hope, Appellee Anna Fisher, Appellee April Jones, Appellee Becci Delinger, Appellee Brandi Campbell, Appellee Heather Smith, Appellee Judy Hartelius, Appellee Lisa Anderson Mangan, Appellee Montana Department of Health and Human Services, Appellee Sahrita Jones, Appellee State of Montana, Appellee Theresa Adams, Appellee Theresa Diekhans, Appellee Trevor Lewis, Appellee Unknown Parties. [Entered: 08/11/2025 01:01 PM] |
| Filing 6 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Juan Rodriguez. [Entered: 08/04/2025 02:39 PM] |
| Filing 5 Attorney Thomas Jodoin as Counsel for Appellee substituted for Attorney Terisa Marie Oomens and Chad Robert Vanisko. --[COURT UPDATE: Updated docket text to reflect correct substitution.] [Entered: 07/23/2025 10:03 AM] [Edited: 07/23/2025 11:12 AM] |
| Filing 4 NOTICE OF APPEARANCE by Thomas Jodoin for Appellee Alana Kietzman, Appellee Amanda Hope, Appellee Anna Fisher, Appellee April Jones, Appellee Becci Delinger, Appellee Brandi Campbell, Appellee Heather Smith, Appellee Judy Hartelius, Appellee Lisa Anderson Mangan, Appellee Montana Department of Health and Human Services, Appellee Sahrita Jones, Appellee State of Montana, Appellee Theresa Adams, Appellee Theresa Diekhans, Appellee Trevor Lewis, Appellee Unknown Parties replacing Terisa Marie Oomens and Chad Robert Vanisko. --[COURT UPDATE: Updated docket text to reflect correct substitution.] [Entered: 07/23/2025 09:57 AM] [Edited: 07/23/2025 11:11 AM] |
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Filing 3
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. [COURT UPDATE: Docket text corrected. NDA re-sent.] [Resent NDA to pro se appellant - 8/1/25] [Entered: 07/22/2025 03:40 PM] [Edited: 08/01/2025 09:32 AM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 8/26/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 9/25/2025. For appeal no. 25-4432, 6:17-cv-00104-BMM. 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: 07/17/2025 04:54 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 6:17-cv-00104-BMM 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 25-4432 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: 07/17/2025 04:51 PM] |
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