Bennett v. Gocke, et al.
| DAVID BENNETT |
| JOSEPH GOCKE, ELRAY HENRY, WENNEKER, Officer, WILLIS, SCHNIDER, Officer, ROSEMARY GLADDEN, JAH BENNETT and Sheriff TOM LOPEZ |
| 25-6372 |
| October 9, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 16 MAIL RETURNED. DE 15 addressed to Appellant David Bennett. Action taken: resending to #P00396164, Yolo County Detention Center, 140A Tony Diaz Drive, Woodland, CA 95776. [Entered: 03/11/2026 03:53 PM] |
Filing 15
ORDER FILED. Barry G. SILVERMAN, Jacqueline H. NGUYEN 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 That status continues in this court because it has not been revoked.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 motion (Docket Entry No. 12) to proceed in forma pauperis on appeal is therefore unnecessary. The motion (Docket Entry No. 13) for appointment of pro bono counsel is denied. Any further motions for appointment of pro bono counsel are referred to the panel that considers the merits of this appeal. The opening brief has been filed. The answering brief is due April 3, 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: 02/26/2026 04:00 PM]
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| Filing 14 CJA FORM 23 FINANCIAL AFFIDAVIT filed by Appellant David Bennett. [Entered: 01/09/2026 04:31 PM] |
| Filing 13 MOTION for Appointment of Counsel filed by Appellant David Bennett. [Entered: 01/09/2026 04:29 PM] |
| Filing 12 MOTION to Proceed In Forma Pauperis filed by Appellant David Bennett. [Entered: 01/09/2026 04:28 PM] |
| Filing 11 CLERK ACTION: Opening Brief submitted at DE 10 by Appellant David Bennett is filed. Original and 0 copies. Minor deficiency: Missing certificate of service. [Entered: 01/08/2026 11:41 AM] [Edited: 01/08/2026 11:43 AM] |
| Filing 10 OPENING BRIEF submitted for filing by Appellant David Bennett. [Entered: 01/08/2026 11:40 AM] |
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Filing 9
ORDER FILED. CLIFTON and BRESS, Circuit Judges. The court denies the motions (Docket Entry Nos. 6, 7) for appointment of pro bono counsel and a guardian ad litem. The motion (Docket Entry No. 8) for an extension of time to file the opening brief is granted. The opening brief is due January 30, 2026. The answering brief is due March 2, 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, 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: 12/17/2025 03:17 PM]
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| Filing 8 MOTION to Extend Time to File Brief filed by Appellant David Bennett. [Entered: 11/25/2025 01:45 PM] |
| Filing 7 MOTION for Miscellaneous Relief filed by Appellant David Bennett. [Entered: 11/21/2025 03:17 PM] |
| Filing 6 MOTION for Appointment of Counsel filed by Appellant David Bennett. [Entered: 11/21/2025 03:15 PM] |
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Filing 5
ORDER FILED. Appellant David Bennett, prison identification number P00396164, 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 October 6, 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 officials at the Yolo County Detention Center, 140A Tony Diaz Drive, Woodland, CA 95776 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: 11/03/2025 02:17 PM]
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| Filing 4 Received PLRA Authorization filed by Appellant David Bennett. [Entered: 10/31/2025 02:29 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: 10/14/2025 02:33 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 11/18/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 12/18/2025. For appeal no. 25-6372, 2:24-cv-01776-DC-CKD. 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: 10/09/2025 10:55 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:24-cv-01776-DC-CKD 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 25-6372 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: 10/09/2025 10:52 AM] |
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