Burnard, et al. v. Allen, et al.
| TYLER BURNARD, MICHAEL BRITZIUS and DOUGLAS STYLES |
| PATRICK ALLEN, Personally, ADAM GIBLIN, Personally, OREGON STATE HOSPITAL and DELORES MATTEUCCI, Personally |
| 25-7272 |
| November 18, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 35 MOTION to Accept Late Filing filed by Appellant Tyler Burnard, Appellant Michael Britzius, Appellant Douglas Styles. [Court entered filing to correct DE 32] [Entered: 05/15/2026 02:51 PM] |
| Filing 34 EXCERPTS OF RECORD submitted for filing by Appellant Tyler Burnard, Appellant Michael Britzius, Appellant Douglas Styles. [Entered: 05/15/2026 02:48 PM] |
| Filing 33 OPENING BRIEF submitted for filing by Appellant Tyler Burnard, Appellant Michael Britzius, Appellant Douglas Styles. [Entered: 05/15/2026 02:45 PM] |
| Filing 32 DEFECTIVE --- MOTION for Clarification of Non-Dispositive Order filed by Appellant Tyler Burnard, Appellant Michael Britzius, Appellant Douglas Styles. [Wrong filing type used, corrected in DE 35] [Entered: 05/15/2026 02:42 PM] [Edited: 05/15/2026 02:51 PM] |
| Filing 31 EXCERPTS OF RECORD submitted for filing by Appellant Tyler Burnard, Appellant Michael Britzius, Appellant Douglas Styles. [Entered: 05/11/2026 12:03 PM] |
Filing 30
ORDER FILED. The appellants opening brief submitted at Docket Entry No. 26 and the excerpts of record submitted at Docket Entry Nos. 27, 28, and 29 are stricken due to the deficiencies in the excerpts of record. The excerpts of record are not consecutively paginated beginning with the caption page as page 1 and the index of the excerpts does not cite to each documents location in the lower court record as required by Ninth Circuit Rules 30-1.5(a) and (c). In addition, the notice of appeal and lower court docket sheet must be located at the end of the excerpts, per Ninth Circuit Rule 30-1.4(f). Within 21 days of this order, appellants must submit a replacement opening brief and excerpts of record that comply with all court rules. If the replacement opening brief and excerpts of record are not submitted within 21 days of this order, the mandate will become effective. [Entered: 04/16/2026 02:07 PM]
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| Filing 29 STRICKEN PER ORDER [DE 30] --- EXCERPTS OF RECORD submitted for filing by Appellant Tyler Burnard, Appellant Michael Britzius, Appellant Douglas Styles. [Entered: 04/14/2026 11:14 PM] [Edited: 04/16/2026 02:09 PM] |
| Filing 28 STRICKEN PER ORDER [DE 30] --- EXCERPTS OF RECORD submitted for filing by Appellant Tyler Burnard, Appellant Michael Britzius, Appellant Douglas Styles. [Entered: 04/08/2026 07:55 PM] [Edited: 04/16/2026 02:08 PM] |
| Filing 27 STRICKEN PER ORDER [DE 30] --- EXCERPTS OF RECORD submitted for filing by Appellant Tyler Burnard, Appellant Michael Britzius, Appellant Douglas Styles. [Entered: 04/01/2026 05:51 PM] [Edited: 04/16/2026 02:08 PM] |
| Filing 26 STRICKEN PER ORDER [DE 30] --- OPENING BRIEF submitted for filing by Appellant Tyler Burnard, Appellant Michael Britzius, Appellant Douglas Styles. [Entered: 03/31/2026 10:29 PM] [Edited: 04/16/2026 02:08 PM] |
| Filing 25 DEFECTIVE --- RESPONSE to Order - Call for Response to Filing (DE 24) filed by Appellant Tyler Burnard, Appellant Michael Britzius, Appellant Douglas Styles. (Wrong filing type, correct entry at DE 26) [Entered: 03/30/2026 04:27 PM] [Edited: 04/16/2026 09:11 AM] |
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Filing 24
ORDER FILED. The motion to reinstate this appeal (Docket Entry No. 21) does not include the opening brief. See 9th Cir. Gen. Order 2.4. If the opening brief is submitted within 21 days of this order, the court will consider the motion to reinstate. If the opening brief is not submitted within 21 days of this order, the mandate will become effective. The court will take no action on the motion for an extension of time to file the opening brief at Docket Entry No. 22. [Entered: 03/10/2026 10:46 AM]
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| Filing 23 RESPONSE to Motion to Reconsider Dispositive Order (DE 21) filed by Appellee Patrick Allen, Appellee Adam Giblin, Appellee Delores Matteucci. [Entered: 03/05/2026 11:42 AM] |
| Filing 22 MOTION to Extend Time to File Brief filed by Appellant Tyler Burnard, Appellant Michael Britzius, Appellant Douglas Styles. [Court entered filing, PDF from DE 21] [Entered: 03/04/2026 04:03 PM] |
| Filing 21 MOTION to Reconsider Dispositive Order filed by Appellant Tyler Burnard, Appellant Michael Britzius, Appellant Douglas Styles. [Court entered filing to correct DE 20] [Entered: 03/04/2026 03:59 PM] |
| Filing 20 DEFECTIVE --- PETITION FOR PANEL REHEARING filed by Appellant Tyler Burnard, Appellant Michael Britzius, Appellant Douglas Styles. [Wrong filing type used, corrected in DE 21 & DE 22] [Entered: 03/04/2026 03:13 PM] [Edited: 03/04/2026 04:04 PM] |
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Filing 19
ORDER FILED. Appellants did not file the opening brief by the due date. This appeal is therefore dismissed. See 9th Cir. R. 42-1. This order becomes the mandate of the court in 21 days. [Entered: 02/26/2026 11:25 AM]
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| Filing 18 Attorney Robert A. Koch as Counsel for Appellee substituted for Attorney Denise Gale Fjordbeck. [Entered: 01/05/2026 02:51 PM] |
| Filing 17 NOTICE OF APPEARANCE by Robert A. Koch for Appellee Adam Giblin, Appellee Delores Matteucci, Appellee Patrick Allen replacing Denise Gale Fjordbeck. [Entered: 01/05/2026 02:30 PM] |
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Filing 16
District Court Order/Notice Received. ORDER: Plaintiff Tyler Burnard's Motion for Leave to Appeal in Forma Pauperis [101] is granted. The Court is satisfied with Plaintiff Burnard's showing of indigency and he may proceed with in forma pauperis status. O'Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir. 1990). This Order does not affect the remaining parties' statuses in their appeal (ECF No. [100]). Ordered by Judge Michael J. McShane. (cp) Modified on 12/31/2025 to correct docket text, resent nef (cp). [No PDF attached] [Entered: 01/05/2026 09:15 AM] [Edited: 03/30/2026 05:01 PM]
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Filing 15
ORDER FILED. On December 17, 2025, this court extended appellants deadline to pay the fees or file a motion to proceed in forma pauperis until December 22, 2025. Appellant Tyler Burnard has filed a motion to procced in forma pauperis in the district court, but neither of the other appellants has done so. If appellants Michael Britzius and Douglas Styles do not pay $605 to the district court and file proof of payment in this court or each file motions to proceed in forma pauperis by December 30, 2025, the court will dismiss this appeal as to appellants Michael Britzius and Douglas Styles. See 9th Cir. R. 42-1. [Entered: 12/23/2025 02:29 PM]
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Filing 14
ORDER FILED. The motion (Docket Entry No. 13) for an extension of time to respond to the December 5, 2025 order is granted in part. By December 22, 2025, appellants must pay $605 to the district court and file proof of payment in this court or file a motion to proceed in forma pauperis. If appellants do not do so, the court will dismiss this appeal. See 9th Cir. R. 42-1. [Entered: 12/17/2025 02:29 PM]
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| Filing 13 MOTION to Extend Time to Respond to Court Order filed by Appellant Tyler Burnard, Appellant Michael Britzius, Appellant Douglas Styles. [Court entered filing to correct DE 12] [Entered: 12/12/2025 01:56 PM] |
| Filing 12 DEFECTIVE --- RESPONSE to Order - Filing Fees Due (DE 10) filed by Appellant Tyler Burnard, Appellant Michael Britzius, Appellant Douglas Styles. [Wrong filing type used, corrected in DE 13] [Entered: 12/12/2025 01:12 PM] [Edited: 12/12/2025 01:57 PM] |
| Filing 11 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. [Entered: 12/09/2025 10:02 AM] |
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Filing 10
ORDER FILED. The fees for this appeal are overdue. Within 7 days, appellants must pay $605 to the district court and file proof of payment in this court or file a motion to proceed in forma pauperis. If appellants do not do so, the court will dismiss this appeal. See 9th Cir. R. 42-1. The clerk will serve Form 4 on appellants. [Entered: 12/05/2025 05:53 PM]
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| Filing 9 MEDIATION ORDER: By 12/10/2025, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [Entered: 12/03/2025 10:43 AM] |
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Filing 8
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 7) granted. Amended briefing schedule: Opening Brief Due (Appellant) 1/29/2026, Answering Brief Due (Appellee) 3/2/2026. 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: 11/28/2025 10:49 AM]
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| Filing 7 Streamlined Request for Extension of Time to File Brief filed by Appellant Tyler Burnard, Appellant Michael Britzius, Appellant Douglas Styles. [Entered: 11/27/2025 09:54 PM] |
| Filing 6 MEDIATION QUESTIONNAIRE filed by Appellant Tyler Burnard, Appellant Michael Britzius, Appellant Douglas Styles. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 11/26/2025 10:06 PM] |
| Filing 5 Attorney Denise Gale Fjordbeck as Counsel for Appellee substituted for Attorney Sara Del Rubin. [Entered: 11/25/2025 04:05 PM] |
| Filing 4 NOTICE OF APPEARANCE by Denise Gale Fjordbeck for Appellee Adam Giblin, Appellee Delores Matteucci, Appellee Patrick Allen replacing Sara Del Rubin. [Entered: 11/25/2025 04:03 PM] |
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Filing 3
ORDER FILED. The Court of Appeals records do not indicate that appellant has filed a Mediation Questionnaire in accordance with Circuit Rule 3-4. By December 1, 2025, appellant shall: (a) file a Mediation Questionnaire (available on the court's website, www.ca9.uscourts.gov), or (b) dismiss the appeal voluntarily pursuant to Fed. R. App. P. 42(b). [Entered: 11/25/2025 02:32 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 12/30/2025, Mediation Questionnaire due (Appellant) 11/24/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 1/30/2026. For appeal no. 25-7272, 6:22-cv-01982-MC. 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: 11/18/2025 04:01 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 6:22-cv-01982-MC 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 25-7272 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: 11/18/2025 03:58 PM] |
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