Benson v. Linville, et al.
| DAVID ALLEN BENSON |
| CRAIG LINVILLE, as CHP Officer, KYLE ANKNEY, COUNTY OF ORANGE, TODD SPITZER, RAYMUND DIAZ, as District Attorney and DOES, 1 through 10, inclusive |
| 26-2321 |
| April 15, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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This docket was last retrieved on May 28, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 CLERK ACTION: Reply Brief submitted at DE 16 by Appellant David Allen Benson is filed. [Entered: 05/28/2026 03:21 PM] |
| Filing 16 REPLY BRIEF submitted for filing by Appellant David Allen Benson. [Entered: 05/28/2026 03:21 PM] |
| Filing 15 CLERK ACTION: Answering Brief and Excerpts of Record submitted at DE 11, DE 12 by Appellee County of Orange are filed. No paper copies are required. [Entered: 05/20/2026 03:29 PM] |
| Filing 14 DEFECTIVE --- PROOF OF SERVICE filed by Appellee County of Orange.--[Wrong filing type, correct entry is DE 12] [Entered: 05/20/2026 03:19 PM] [Edited: 05/20/2026 03:28 PM] |
| Filing 13 DEFECTIVE --- PROOF OF SERVICE filed by Appellee County of Orange.--[Wrong filing type, correct entry is DE 11] [Entered: 05/20/2026 03:18 PM] [Edited: 05/20/2026 03:27 PM] |
| Filing 12 EXCERPTS OF RECORD submitted for filing by Appellee County of Orange.--[COURT UPDATE: Attached certificate of service] [Entered: 05/20/2026 03:15 PM] [Edited: 05/20/2026 03:27 PM] |
| Filing 11 ANSWERING BRIEF submitted for filing by Appellee County of Orange.--[COURT UPDATE: Attached certificate of service] [Entered: 05/20/2026 03:10 PM] [Edited: 05/20/2026 03:26 PM] |
| Filing 10 CLERK ACTION: Opening Brief submitted at DE 9 by Appellant David Allen Benson is filed. No paper copies are required. [Entered: 05/11/2026 04:10 PM] |
| Filing 9 OPENING BRIEF submitted for filing by Appellant David Allen Benson. [Entered: 05/11/2026 04:09 PM] |
Filing 8
ORDER FILED. Michelle T. FRIEDLAND, Ryan D. NELSON The motion (Docket Entry No. 4) for injunctive relief is denied. See Feldman v. Ariz. Secy of State, 843 F.3d 366, 367 (9th Cir. 2016) (The standard for evaluating an injunction pending appeal is similar to that employed by district courts in deciding whether to grant a preliminary injunction.); see also Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (defining standard for preliminary injunction in district court); Younger v. Harris, 401 U.S. 37, 40 (1971). The motion (Docket Entry No. 5) to supplement the record is referred to the panel assigned to decide the merits of this appeal. The existing briefing schedule remains in effect. [Entered: 05/08/2026 01:17 PM]
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| Filing 7 REPLY to Response to Motion for Injunctive Relief (DE 6) filed by Appellant David Allen Benson. [Entered: 04/27/2026 03:16 PM] |
| Filing 6 RESPONSE to Motion for Injunctive Relief (DE 4) filed by Appellee County of Orange. [Entered: 04/22/2026 03:17 PM] |
| Filing 5 MOTION to Supplement or Correct Record filed by Appellant David Allen Benson. [Entered: 04/21/2026 03:14 PM] |
| Filing 4 MOTION for Injunctive Relief filed by Appellant David Allen Benson. [Entered: 04/16/2026 02:29 PM] |
| Filing 3 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant David Allen Benson. [Entered: 04/16/2026 02:28 PM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Preliminary Injunction Answering Brief Due (Appellee) 6/10/2026, Preliminary Injunction Opening Brief Due (Appellant) 5/13/2026. For appeal no. 26-2321, 8:26-cv-00451-MRA-DMK.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: 04/15/2026 11:58 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 8:26-cv-00451-MRA-DMK 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 26-2321 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: 04/15/2026 11:54 AM] |
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