Mitchell, Jr. v. Breitenbach, et al.
| DONALD E. MITCHELL, JR. |
| NETHANJAH BREITENBACH, UNKNOWN HARRIS, Dismissed per ECF No. 10 Order, ROBERT HARTMAN, S. RAMIREZ, JOHN HENLEY, ERIC WOOD, ROBERT SUWE, SANTOS, HICKS, TRENTON KLEIN, TRAVIS WOLF, SHAWN FLUHRER, CHRISTOPHER GREGORY, JAMES DZURENDA, BRIAN WILLIAMS, KRISTA HARRIS and KRISTY FONOIMOANA, Dismissed per ECF No. 10 Order |
| 26-4292 |
| July 7, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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This docket was last retrieved on August 11, 2026. A more recent docket listing may be available from PACER.
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Filing 9
ORDER FILED. Paper Streamlined Request for Extension of Time to File Brief (DE 8) granted. Amended briefing schedule: Answering Brief Due (Appellee) 10/16/2026, Opening Brief Due (Appellant) 9/16/2026. 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: 08/11/2026 03:42 PM]
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| Filing 8 STREAMLINED request for extension of time to file brief for 30 days filed by Appellant Donald E. Mitchell, Jr.. [Entered: 08/11/2026 12:51 PM] |
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Filing 7
ORDER FILED. Appellant Donald E. Mitchell, Jr., prison identification number 94796, 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 June 30, 2026, 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. The clerk will also serve a copy of this order on the district court clerk and the district court financial unit. [Entered: 07/27/2026 02:30 PM]
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| Filing 6 Received PLRA Authorization filed by Appellant Donald E. Mitchell, Jr.. [Entered: 07/20/2026 03:11 PM] |
| Filing 5 Attorney Chris Davis as Counsel for Appellee substituted for Attorney John Regalia. [Entered: 07/14/2026 10:50 AM] |
| Filing 4 NOTICE OF APPEARANCE by Chris Davis for Appellee Brian Williams, Appellee Christopher Gregory, Appellee Hicks, Appellee James Dzurenda, Appellee John Henley, Appellee Krista Harris, Appellee Kristy Fonoimoana, Appellee Nethanjah Breitenbach, Appellee Robert Hartman, Appellee Robert Suwe, Appellee Santos, Appellee Shawn Fluhrer, Appellee Travis Wolf, Appellee Trenton Klein replacing . [Entered: 07/14/2026 06:52 AM] |
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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 existing briefing schedule remains in effect. The clerk will serve this order and a prisoner authorization form on appellant. [Entered: 07/08/2026 04:14 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Answering Brief (No Transcript Due) (Appellee) 9/15/2026, Appeal Opening Brief (No Transcript Due) (Appellant) 8/17/2026. For appeal no. 26-4292, 3:23-cv-00276-CSD. 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: 07/07/2026 11:10 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:23-cv-00276-CSD 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 26-4292 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: 07/07/2026 11:05 AM] |
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