Nealy v. Thornell, et al.
| CHARLES E. NEALY |
| GOLDTOOTH, First Name Unknown, 5297, RONALD EVANS, VELASCO, First Name Unknown, CYNTHIA M. NEGRON, WARREN, First Name Unknown, 4881, J BARRERAS, BERGER, First Name Unknown, BREA R. LAWSON, D. ROWE, BANGHART, First Name Unknown, 2618, STOBIE, First Name Unknown, CHACONE, First Name Unknown, VON MARSCHIK, K. HORTEN, PARKS, First Name Unknown, GENE THORNE, 3211, JULIE BOWERS, PAYNE, First Name Unknown, STACI IBARRA, BROWN, First Name Unknown, ORIN ROMNEY, RICHARD M. JOHNSON, RYAN THORNELL, DIRECTOR OF THE ARIZONA DEPARTMENT OF CORRECTIONS, REHABILITATION, CONDREY, First Name Unknown, ASHLEY BARDWELL and JEFFREY MCGEE |
| 25-78 |
| January 6, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 9 CLERK ACTION: Opening Brief submitted at DE 7 and Excerpts of Record in 1 Volume submitted at DE 7 by Appellant Charles E. Nealy are filed. [Entered: 02/27/2025 08:36 AM] |
| Filing 8 EXCERPTS OF RECORD submitted for filing by Appellant Charles E. Nealy. [Entered: 02/27/2025 08:33 AM] |
| Filing 7 OPENING BRIEF submitted for filing by Appellant Charles E. Nealy. [Entered: 02/27/2025 08:30 AM] |
| Filing 6 Received PLRA Authorization filed by Appellant Charles E. Nealy. [Entered: 02/26/2025 04:40 PM] |
Filing 5
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 That status continues in this court because it has not been revoked.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). 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). 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: 02/24/2025 09:39 AM]
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| Filing 4 REFERRAL NOTICE. This matter is referred to the district court for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate where district court finds the appeal to be frivolous). If the district court elects to revoke in forma pauperis status, the district court is requested to notify this court and the parties of such determination within 21 days of the date of this referral. If the district court does not revoke in forma pauperis status, such status will continue automatically for this appeal pursuant to Fed. R. App. P. 24(a). This referral shall not affect the briefing schedule previously established by this court. [Entered: 01/15/2025 04:37 PM] |
| Filing 3 REFERRAL NOTICE. This matter is referred to the district court for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate where district court finds the appeal to be frivolous). If the district court elects to revoke in forma pauperis status, the district court is requested to notify this court and the parties of such determination within 21 days of the date of this referral. If the district court does not revoke in forma pauperis status, such status will continue automatically for this appeal pursuant to Fed. R. App. P. 24(a). This referral shall not affect the briefing schedule previously established by this court. [Entered: 01/13/2025 02:53 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 2/18/2025. For appeal no. 25-78, 2:24-cv-00448-DLR--JFM. 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: 01/06/2025 02:24 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:24-cv-00448-DLR--JFM 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 25-78 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: 01/06/2025 02:22 PM] |
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