Palmer v. Garrett, et al.
| MARKIECE PALMER |
| TIM GARRETT, DAVID RIVAS, ERIN PARKS and DANA MARKS |
| 25-5030 |
| August 8, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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This docket was last retrieved on January 26, 2026. A more recent docket listing may be available from PACER.
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Filing 16
ORDER FILED. Barry G. SILVERMAN, Richard A. PAEZ, Holly A. THOMAS The motions (Docket Entry Nos. 14, 15) to dismiss or for summary disposition are denied without prejudice to raising the arguments in the answering brief. The answering brief is due March 2, 2026. The optional reply brief is due 21 days after the answering brief is served. 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: 01/26/2026 02:22 PM]
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| Filing 15 MOTION for Summary Disposition or to Dismiss filed by Appellee Dana Marks. [Entered: 11/26/2025 01:18 PM] |
| Filing 14 MOTION for Summary Disposition or to Dismiss filed by Appellee Tim Garrett, Appellee David Rivas, Appellee Erin Parks. [COURT ENTERED FILING to correct DE 13.] [Entered: 11/26/2025 10:52 AM] [Edited: 11/26/2025 10:54 AM] |
| Filing 13 DEFECTIVE --- MOTION to Dismiss filed by Appellee Tim Garrett, Appellee David Rivas, Appellee Erin Parks. [Wrong filing type, correct entry is DE 14.] [Entered: 11/26/2025 10:47 AM] [Edited: 11/26/2025 10:54 AM] |
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Filing 12
ORDER FILED. BERZON and RAWLINSON, Circuit Judges. The motion (Docket Entry No. 7) for appointment of pro bono counsel is denied. The motion (Docket Entry No. 11) to stay the briefing schedule is denied as moot. The opening brief has been filed. The answering brief is due November 26, 2025. The optional reply brief is due 21 days after the answering brief is served. Because appellant is proceeding without counsel and did not submit excerpts of record, 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: 10/22/2025 03:14 PM]
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| Filing 11 MOTION to Stay Proceedings in this Court filed by Appellee Tim Garrett, Appellee David Rivas, Appellee Erin Parks, Appellee Dana Marks. [Entered: 10/17/2025 07:12 AM] |
| Filing 10 CLERK ACTION: Opening Brief submitted at DE 9 by Appellant Markiece Palmer is filed. Original and 0 copies. (briefing remains stayed, motion pending) [Entered: 09/15/2025 03:38 PM] |
| Filing 9 OPENING BRIEF submitted for filing by Appellant Markiece Palmer. [Entered: 09/15/2025 03:37 PM] |
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Filing 8
ORDER FILED. Appellant Markiece Palmer, prison identification number 1134382, 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 August 8, 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 NV 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: 09/10/2025 10:13 AM]
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| Filing 7 MOTION for Appointment of Counsel filed by Appellant Markiece Palmer. [Entered: 09/05/2025 02:06 PM] |
| Filing 6 Received PLRA Authorization filed by Appellant Markiece Palmer. [Entered: 09/05/2025 02:04 PM] |
| Filing 5 Attorney Chris Davis as Counsel for Appellee substituted for Attorney John Regalia. [Entered: 08/14/2025 02:14 PM] |
| Filing 4 NOTICE OF APPEARANCE by Chris Davis for Appellee Dana Marks, Appellee David Rivas, Appellee Erin Parks, Appellee Tim Garrett replacing John Regalia. [Entered: 08/14/2025 12:32 PM] |
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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. [Entered: 08/12/2025 11:31 AM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 9/17/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 10/17/2025. For appeal no. 25-5030, 3:23-cv-00479-CSD. 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: 08/08/2025 03:57 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:23-cv-00479-CSD 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 25-5030 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: 08/08/2025 03:47 PM] |
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