Miller v. Daniels, et al.
| DUSTON MILLER |
| CHARLES DANIELS, CALVIN JOHNSON, J. SCALLY, J. HENDERSON, MOORE, Sergeant and GARCIA, Senior C/O |
| 25-6403 |
| October 10, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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This docket was last retrieved on March 24, 2026. A more recent docket listing may be available from PACER.
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Filing 18
ORDER FILED. Appellees filed a motion to dismiss or for summary affirmance on February 23, 2026. To date, appellant has not responded to that motion. The court grants appellant an extension of time until April 10, 2026 to file a response to appellees motion to dismiss or for summary affirmance. The clerk will send appellant a copy of the motion at Docket Entry No. 17. Briefing is suspended. [Entered: 03/24/2026 10:35 AM]
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| Filing 17 MOTION to Dismiss filed by Appellee Charles Daniels, Appellee Calvin Johnson, Appellee J. Scally, Appellee J. Henderson, Appellee Moore, Appellee Garcia. [Entered: 02/23/2026 07:34 AM] |
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Filing 16
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 14) granted. Amended briefing schedule: Answering Brief Due (Appellee) 2/23/2026. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 01/26/2026 03:51 PM]
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| Filing 15 DOCUMENT SENT. DE 11 sent to appellant at new address, per DE 13 (mail was returned at DE 12). [Entered: 01/26/2026 03:17 PM] |
| Filing 14 Streamlined Request for Extension of Time to File Brief filed by Appellee Charles Daniels, Appellee Calvin Johnson, Appellee J. Scally, Appellee J. Henderson, Appellee Moore, Appellee Garcia. [Entered: 01/23/2026 05:17 PM] |
| Filing 13 NOTICE of change of address filed by Appellant Duston Miller. [Entered: 01/09/2026 04:53 PM] |
| Filing 12 MAIL RETURNED. DE 11 addressed to Appellant Duston Miller. Action taken: governments counsel is directed to take all reasonable means to effect delivery (see attached notice). [Entered: 01/09/2026 03:06 PM] |
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Filing 11
ORDER FILED. Richard R. CLIFTON, Daniel A. BRESS The court denies the motion (Docket Entry No. 4) for appointment of pro bono counsel. The opening brief has been filed. The answering brief is due January 23, 2026. The optional reply brief is due 21 days after the answering brief is served. Because appellant did not file 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: 12/19/2025 01:35 PM]
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| Filing 10 Attorney Chris Davis as Counsel for Appellee substituted for Attorney Kyle Hill. [Entered: 11/26/2025 01:34 PM] |
| Filing 9 NOTICE OF APPEARANCE by Chris Davis for Appellee Calvin Johnson, Appellee Charles Daniels, Appellee Garcia, Appellee J. Henderson, Appellee J. Scally, Appellee Moore replacing . [Entered: 11/26/2025 01:28 PM] |
| Filing 8 CLERK ACTION: Opening Brief submitted at DE 7 by Appellant Duston Miller is filed. Original and 0 copies. (briefing remains stayed, motion for appointment of counsel pending) [Entered: 11/25/2025 05:57 PM] |
| Filing 7 OPENING BRIEF submitted for filing by Appellant Duston Miller. [Entered: 11/25/2025 05:55 PM] |
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Filing 6
ORDER FILED. Appellant Duston Miller, prison identification number 1197568, 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 7, 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. 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: 11/12/2025 03:54 PM]
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| Filing 5 Received PLRA Authorization filed by Appellant Duston Miller. [Entered: 11/07/2025 03:25 PM] |
| Filing 4 MOTION for Appointment of Counsel filed by Appellant Duston Miller. [Entered: 10/21/2025 02:41 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: 10/15/2025 09:53 AM]
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| Filing 2 CASE OPENED. A copy of your notice of appeal / petition filed in 2:23-cv-00764-JAD-DJA 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 25-6403 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: 10/10/2025 11:11 AM] |
| Filing 1 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 11/19/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 12/19/2025. For appeal no. 25-6403, 2:23-cv-00764-JAD-DJA. 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: 10/10/2025 11:10 AM] |
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