Birchett v. Garrison, et al.
| KENNETH WAYNE BIRCHETT and Kenneth W Birchett Jr. |
| UNKNOWN GARRISON, Deputy Warden demoted to CO III Counselor, UNKNOWN KELEMAN, CO IV also known as Eve Kelemen, UNKNOWN PEREZ, Safety Support Unit CO II and UNKNOWN PARTY, Named as John Doe CO II Corrections Officer |
| 25-6061 |
| September 26, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
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Filing 19
ORDER FILED. Appellant Kenneth Wayne Birchett, prison identification number 293812, 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 September 23, 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 AZ 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. Briefing is stayed until the court decides appellants motion for appointment of counsel. See 9th Cir. R. 27-11(a)(6). The clerk will also serve a copy of this order on the district court clerk and the district court financial unit. [Entered: 01/15/2026 01:51 PM]
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| Filing 18 Received PLRA Authorization filed by Appellant Kenneth Wayne Birchett. [Entered: 01/15/2026 09:41 AM] |
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Filing 17
ORDER FILED. On October 17, 2025, the court granted appellants motion to proceed in forma pauperis and ordered him to complete a prisoner authorization form. On November 18, 2025, the court extended the time to comply with the October 17, 2025 order. To date, appellant has not filed a completed prisoner authorization form. The court grants appellant one final extension of time to comply with the October 17, 2025 and November 18, 2025 orders. 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 court will resolve all other pending motions in a separate order. The clerk will serve this order and a prisoner authorization form on appellant. [Entered: 01/14/2026 12:18 PM]
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| Filing 16 MOTION for Appointment of Counsel filed by Appellant Kenneth Wayne Birchett. [Entered: 12/31/2025 02:23 PM] |
| Filing 15 DOCUMENT SENT. Sent: Plaintiff/Appellant: Kenneth Wayne Birchett case opening packet in response to DE12. [Entered: 12/08/2025 06:55 PM] |
| Filing 14 RESPONSE to Motion to Consolidate (DE 7) filed by Appellant Kenneth Wayne Birchett. [Entered: 12/03/2025 02:26 PM] |
| Filing 13 MOTION to Extend Time to File Brief filed by Appellant Kenneth Wayne Birchett. [Entered: 12/03/2025 02:08 PM] |
| Filing 12 REQUEST for Public Information filed by Appellant Kenneth Wayne Birchett. [Entered: 12/03/2025 02:06 PM] |
| Filing 11 SECOND SUPPLEMENT to Motion to Consolidate (DE 7) filed by Appellee Unknown Garrison, Appellee Unknown Keleman, Appellee Unknown Perez, Appellee Unknown Party. [Court entered filing to correct DE 10] [Entered: 11/21/2025 10:32 AM] |
| Filing 10 DEFECTIVE --- STATUS REPORT filed by Appellee Unknown Garrison, Appellee Unknown Keleman, Appellee Unknown Perez, Appellee Unknown Party. [Wrong filing type used, corrected in DE 11] [Entered: 11/21/2025 09:57 AM] [Edited: 11/21/2025 10:33 AM] |
| Filing 9 SUPPLEMENT to Motion to Consolidate (DE 7) filed by Appellee Unknown Garrison, Appellee Unknown Keleman, Appellee Unknown Perez, Appellee Unknown Party. [Entered: 11/20/2025 02:57 PM] |
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Filing 8
ORDER FILED. On October 17, 2025, the court granted appellants motion to proceed in forma pauperis and ordered him to complete a prisoner authorization form. To date, appellant has not filed a completed prisoner authorization form. The court grants appellant an extension of time to comply with the October 17, 2025 order. 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: 11/18/2025 04:46 PM]
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| Filing 7 MOTION to Consolidate filed by Appellee Unknown Garrison, Appellee Unknown Keleman, Appellee Unknown Perez, Appellee Unknown Party. [Entered: 11/03/2025 01:49 PM] |
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Filing 6
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. The motion (Docket Entry No. 3) 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 November 21, 2025. The answering brief is due December 21, 2025. The optional reply brief is due 21 days after the answering brief is served. [Entered: 10/17/2025 04:29 PM]
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| Filing 5 ADDED Counsel for Appellee Brett J. Silverstein [Entered: 10/16/2025 12:22 PM] |
| Filing 4 NOTICE OF APPEARANCE by Brett J. Silverstein for Appellee Unknown Garrison, Appellee Unknown Keleman, Appellee Unknown Party, Appellee Unknown Perez. [Entered: 10/16/2025 11:42 AM] |
| Filing 3 MOTION to Proceed In Forma Pauperis filed by Appellant Kenneth Wayne Birchett. [Entered: 10/09/2025 12:06 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 11/5/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 12/5/2025. For appeal no. 25-6061, 2:23-cv-00241-DLR-ESW. 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: 09/26/2025 08:59 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:23-cv-00241-DLR-ESW 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 25-6061 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: 09/26/2025 08:56 AM] |
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