McElmeel v. Perlow, et al.
| SAMUEL PETER MCELMEEL |
| PATRICIA W. PERLOW, Lane County, OR, D.A., STEPHEN DINGLE, County Attorney, ERIK THOMAS KNAPP, CLIFFTON HAROLD, Sheriff, SPENCER GWARTNEY, Assistant D.A., STEVEN THEIL, Lane County, OR, County Supervisor, DEREK BASTINELLI, STATE OF OREGON, DEBRA VOGT, Lane County, OR, Judge, COUNTY OF LANE, Sheriff's Department; Public Defenders; District Attorney's Office; Court, ALEX COGEN, DEBRA VELURE, MATTHEW AARON ALTEMUS, AMBER ALTEMUS and MARIE B. DESMOND |
| 25-5758 |
| September 11, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 6 MOTION to Proceed In Forma Pauperis filed by Appellant Samuel Peter McElmeel. [Entered: 12/19/2025 12:29 PM] |
Filing 5
ORDER FILED. Appellant has filed a statement in response to the October 27, 2025 order, but has not filed a motion to proceed in forma pauperis. Within 21 days, appellant must submit a completed Form 4. If appellant does not do so, the court will dismiss the appeal. See 9th Cir. R. 42-1. The clerk will serve Form 4 on appellant. [Entered: 12/18/2025 04:00 PM]
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| Filing 4 RESPONSE to Order - Order to Show Cause (OSC) (DE 3) filed by Appellant Samuel Peter McElmeel. [Entered: 12/09/2025 02:29 PM] |
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Filing 3
ORDER FILED. The district court entered judgment on August 19, 2024 and appellant did not file a notice of appeal within 30 days, or file a timely motion listed in Federal Rule of Appellate Procedure 4(a)(4). See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). On August 27, 2025, the district court entered an order denying appellants post-judgment motions for a preliminary injunction and appointment of counsel. The notice of appeal filed on September 8, 2025 is timely only as to the post-judgment order entered on August 27, 2025, so this appeal is limited to that order. It appears that this appeal may be frivolous. If the appeal is frivolous, the court will deny permission to proceed in forma pauperis and dismiss the appeal. See 28 U.S.C. 1915(e)(2). Within 35 days, appellant must: (1) file a statement explaining why the appeal of the August 25, 2025 post-judgment order is not frivolous and a motion to proceed in forma pauperis, OR (2) file a motion to voluntarily dismiss the appeal, see Fed. R. App. P. 42(b). If appellant files a statement explaining why the appeal is not frivolous, or any other response other than a motion to dismiss, the court will determine whether the appeal is frivolous. If it is frivolous, the appeal will be dismissed. If it is not frivolous, the appeal will proceed. If the court dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). Briefing is stayed. If appellant does not respond to this order, the court may dismiss this appeal without further notice. The clerk will serve on appellant: (1) a form motion to voluntarily dismiss the appeal, (2) a form statement that the appeal should go forward, and (3) a Form 4 financial affidavit. [Entered: 10/27/2025 02:39 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 10/22/2025. For appeal no. 25-5758, 6:24-cv-00651-SI. 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: 09/11/2025 03:09 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 6:24-cv-00651-SI 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 25-5758 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: 09/11/2025 03:07 PM] |
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