Byerly v. United States of America, et al.
| NATHAN B. BYERLY |
| UNITED STATES OF AMERICA, DAVID C. NYE, DISTRICT JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO, BOISE, COUNTY OF CANYON, CITY OF CALDWELL and CITY OF MELBA |
| 26-1111 |
| February 25, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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This docket was last retrieved on June 26, 2026. A more recent docket listing may be available from PACER.
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Filing 15
ORDER FILED. Appellant has not paid $605 to the district court in fees for this appeal and filed proof of payment with this court, as ordered by this court on May 29, 2026. This appeal is therefore dismissed. See 9th Cir. R. 42-1. This order becomes the mandate of the court in 21 days. [Entered: 06/26/2026 03:24 PM]
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Filing 14
ORDER FILED. Michelle T. FRIEDLAND, Bridget S. BADE. Three or more prior actions or appeals filed by appellant were dismissed as frivolous, malicious, or for failure to state a claim. See Byerly v. Ada County, et al., No. 1:19-cv-00229-DCN (D. Idaho Oct. 29, 2019) (dismissed for failure to state a claim); Byerly v. Idaho, et al., No. 1:19-cv-00228-BLW (D. Idaho Dec. 9, 2019) (dismissed for failure to state a claim); Byerly v. John Doe Governor, et al., No. 1:19-cv-00230-BLW (D. Idaho Dec. 9, 2019) (dismissed for failure to state a claim). Appellant has not alleged imminent danger of serious physical injury. The motion to proceed in forma pauperis (Docket Entry No. 8) is therefore denied. See 28 U.S.C. 1915(g). Within 21 days, appellant must pay $605 to the district court in fees for this appeal and file proof of payment with this court. If appellant does not pay the fees, the court will dismiss this appeal, regardless of further filings. See 9th Cir. R. 42-1. No motions for reconsideration, clarification, or modification of the denial of appellants in forma pauperis status will be entertained. If the appeal is dismissed for failure to pay fees, the court will not entertain any motion to reinstate the appeal that does not include proof of payment. The motions for an extension of time to file a corrected opening brief (Docket Entry Nos. 6, 7) are denied as unnecessary. Briefing is stayed. [Entered: 05/29/2026 03:26 PM]
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Filing 13
ORDER FILED. Paper Streamlined Request for Extension of Time to File Brief (DE 12) denied as unnecessary. It is unnecessary. The briefing schedule is stayed. [Entered: 04/09/2026 08:15 AM]
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| Filing 12 STREAMLINED request for extension of time to file brief for 30 days filed by Appellant Nathan B. Byerly. [Entered: 04/08/2026 04:50 PM] |
| Filing 11 DOCUMENT SENT. Per the request of the Appellant on 04/08/2026, sent the librarian the FRAP and Ninth Circuit rules and asked that they be made available to him. [Entered: 04/08/2026 02:58 PM] |
| Filing 10 REQUEST for Public Information filed by Appellant Nathan B. Byerly. [Entered: 04/08/2026 02:07 PM] |
| Filing 9 Miscellaneous pro se filings received from Appellant Nathan B. Byerly. [Entered: 04/08/2026 02:06 PM] |
| Filing 8 MOTION to Proceed In Forma Pauperis filed by Appellant Nathan B. Byerly. [Entered: 04/08/2026 02:02 PM] |
| Filing 7 MOTION to Extend Time to File Brief filed by Appellant Nathan B. Byerly. [Entered: 04/08/2026 02:00 PM] |
| Filing 6 MOTION to Extend Time to File Motion filed by Appellant Nathan B. Byerly. [Entered: 04/08/2026 01:59 PM] |
| Filing 5 CLERK ACTION: Opening Brief submitted at DE 4 by Appellant Nathan B. Byerly is filed. [Entered: 03/23/2026 05:08 PM] |
| Filing 4 OPENING BRIEF submitted for filing by Appellant Nathan B. Byerly. [Entered: 03/23/2026 05:06 PM] |
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Filing 3
ORDER FILED. . Response to Fee Order due (Appellant) 4/16/2026 [Entered: 03/19/2026 11:17 AM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 4/6/2026. For appeal no. 26-1111, 1:26-cv-00039-AKB. 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: 02/25/2026 01:27 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:26-cv-00039-AKB 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 26-1111 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: 02/25/2026 01:23 PM] |
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