Molina v. Nunez, et al.
| JUAN CARLOS MOLINA |
| E. NUNEZ, Correctional Officer (ISU), individual capacity and official capacity, RALPH DIAZ, Secretary of CDCR, official capacity, J. ZERMENO, Sergeant, individual and official capacity, NEIL MCDOWELL, Warden of ISP, official and individual capacity, S. STRIPLIN, Correctional Officer (ISU), individual capacity and official capacity, A. WIGGINS, Correctional Officer, individual capacity, J. FRIAS, Correctional Officer, individual capacity and official capacity, F. DUENAS, Lieutenant, official and individual capacity, B. ROE, Correctional Captain, S. MOORE, Senior Hearing Officer / CDO, official capacity, M. COTA, Corr. Staff Service Analyst, official capacity, R.W. SMITH, Chief Deputy Warden, official capacity, H. LIU, Correctional Captain, individual, G. GASGONIA, Correctional Lt., individual, JEFFREY MACOMBER, Undersecretary Operations, official capacity, CONNIE GIPSON, Dir. Div. of Adult Institutions, official capacity, HOWARD E. MOSELEY, Dir. Office of Appeals, official capacity, JARED LOZANO, Asst. Dir. High Security, official capacity, KIRK STINSON, Chief, Off. of Internal Affairs, official capacity, J. MARTIN, K9 Officer, official capacity, B. WILSON, Correctional Officer, individual capacity and official capacity, MONTGOMERY, Correctional Officer, individual, Secretary CDCR KATHLEEN ALLISON, official capacity and A. WRIGHT, Correctional Captain Ironwood State Prison, official capacity |
| 25-5622 |
| September 5, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
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Filing 11
ORDER FILED. The motion (Docket Entry No. 10) for an extension of time to file the opening brief is granted. The opening brief is due March 30, 2026. The answering brief is due April 29, 2026. The optional reply brief is due 21 days after the answering brief is served. Appellant Juan Carlos Molina, prison identification number K-30854, 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 28, 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 CA 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: 02/02/2026 03:28 PM]
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| Filing 10 MOTION to Extend Time to File Brief filed by Appellant Juan Carlos Molina. [Entered: 01/27/2026 05:03 PM] |
| Filing 9 Received PLRA Authorization filed by Appellant Juan Carlos Molina. [Entered: 01/27/2026 04:54 PM] |
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Filing 8
ORDER FILED. On November 6, 2025, the court granted appellants motion to proceed in forma pauperis, directed appellant to complete a prisoner authorization form, and established that the opening brief was due December 8, 2025. Appellant has not filed a completed authorization form or the opening brief. The court grants appellant one extension of time to complete the authorization form and the opening brief. No later than January 20, 2026, appellant must: (1) complete the enclosed authorization form and file it with this court; and (2) file an opening brief. If appellant does not do so, the court will dismiss the appeal. See 9th Cir. R. 42-1. The answering brief is due February 19, 2026. The optional reply brief is due 21 days after the answering brief is served. The clerk will serve this order and a prisoner authorization form on appellant. [Entered: 12/17/2025 04:17 PM]
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Filing 7
ORDER FILED. The motion (Docket Entry No. 6) 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 clerk will serve this order and a prisoner authorization form on appellant. 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. [Entered: 11/06/2025 05:53 PM]
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| Filing 6 MOTION to Proceed In Forma Pauperis filed by Appellant Juan Carlos Molina. [Entered: 10/31/2025 02:24 PM] |
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Filing 5
ORDER FILED. . Response to Fee Order due (Appellant) 10/27/2025 [Entered: 09/29/2025 05:41 PM]
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| Filing 4 Attorney Oliver Wu as Counsel for Appellee substituted for Attorney Mohammad Iranmanesh. [Entered: 09/19/2025 10:06 AM] |
| Filing 3 NOTICE OF APPEARANCE by Oliver Wu for Appellee E. Nunez, Appellee J. Zermeno replacing Mohammad Iranmanesh. [Entered: 09/19/2025 10:03 AM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 10/15/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 11/14/2025. For appeal no. 25-5622, 5:20-cv-00518-SVW-AS. 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: 09/05/2025 10:25 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 5:20-cv-00518-SVW-AS 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 25-5622 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: 09/05/2025 10:23 AM] |
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