Scionti v. United States Marshals Service, et al.
| ERIC THOMAS SCIONTI |
| UNITED STATES MARSHALS SERVICE, named as: U.S.M.S., FEDERAL BUREAU OF INVESTIGATION, named as: FBI, BROWN, CCAFC Chaplain at CCAFC, official capacity, JASON SAITTA, Special Agent FBI, official capacity and UNKNOWN PARTIES, Unknown USMS Officers, official capacities |
| 26-5654 |
| September 1, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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This docket was last retrieved on October 30, 2026. A more recent docket listing may be available from PACER.
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Filing 10
ORDER FILED. Paper Streamlined Request for Extension of Time to File Brief (DE 8) denied as unnecessary, Paper Streamlined Request for Extension of Time to File Brief (DE 35) denied as unnecessary. It is unnecessary. [26-5654, 25-6174] [Entered: 10/30/2026 09:26 AM]
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Filing 9
ORDER FILED. Lawrence VANDYKE, Jennifer SUNG This courts October 7, 2026 order consolidated appeal Nos. 25-6174 and 26-5654. Appellants motion (Docket Entry No. 32) for clarification is granted. Appellants opening and supplemental briefs submitted on May 22, 2026 and June 8, 2026 in appeal No. 25-6174 have been filed and do not need to be refiled. To raise any arguments regarding the district courts March 31, 2026 post-judgment order challenged in the June 15, 2026 notice of appeal, appellant must file a supplemental opening brief addressing the post-judgment order. Appellants motion (Docket Entry No. 35) for an extension of time to file the supplemental opening brief addressing the March 31, 2026 post-judgment order is granted. Appellants supplemental opening brief is due December 13, 2026. There is no appearance by appellees, so briefing will be complete when the supplemental opening brief is filed. The clerk will send petitioner a copy of District Court Docket Entry Nos. 35 and 41. [25-6174, 26-5654] [Entered: 10/28/2026 03:40 PM]
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| Filing 7 DOCUMENT SENT. To Eric Scionti - docket sheet in response to DE 32. [25-6174, 26-5654] [Entered: 10/14/2026 04:28 PM] |
| Filing 8 STREAMLINED request for extension of time to file brief for 30 days filed by Appellant Eric Thomas Scionti. [26-5654, 25-6174] [Entered: 10/16/2026 01:02 PM] |
| Filing 6 MOTION for Miscellaneous Relief filed by Appellant Eric Thomas Scionti. [25-6174, 26-5654] [Entered: 10/13/2026 04:18 PM] |
| Filing 5 REQUEST for Public Information filed by Appellant Eric Thomas Scionti. [25-6174, 26-5654] [Entered: 10/13/2026 04:16 PM] |
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Filing 4
ORDER FILED. The court consolidates Appeal Nos. 25-6174 and 26-5654. The district court judgment entered on September 10, 2025, and appellant filed a notice of appeal on September 26, 2025 (Appeal No. 25-6174). Appellant filed a motion for reconsideration on September 26, 2025, see Fed. R. App. Proc. 4(a)(4), which the district court denied on March 31, 2026. Appellant filed a notice of appeal of the March 31, 2026 post-judgment order on June 15, 2026 (Appeal No. 26-5654). On September 30, 2026, the district court granted a motion to reopen the time to appeal from the March 31, 2026 post-judgment order. These consolidated appeals will proceed. Appellant filed a completed prisoner authorization form on August 10, 2026 (Appeal No. 25-6174 Docket Entry No. 30). The clerk will strike the prior authorization form received on July 30, 2026 (Appeal No. 25-6174 Docket Entry No. 29). Appellant Eric Thomas Scionti, prison identification number 68140-510, is proceeding in forma pauperis and has filed the form authorizing prison officials to assess, collect, and forward to the district court the $605.00 fees for this consolidated appeal. See 28 U.S.C. 1915(b)(1) and (2). See Fed. R. App. P. 4(a)(4)(B)(ii), (iii) (no additional fee required for amended notice of appeal challenging an order disposing of any motion listed in Rule 4(a)(4)(A)). 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 September 26, 2025, 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. Appellants request to delay collection of payments until after October 1, 2026 (Docket Entry No. 28) is denied as moot. The clerk will serve this order and the authorization form (Appeal No. 25- 6174 Docket Entry No. 30) on officials at the Federal Correctional Complex, Victorville, 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 opening brief was filed in Appeal No. 25-6174 on May 22, 2026. Appellant filed a supplemental opening brief in Appeal No. 25-6174 on June 8, 2026. Appellant must file a supplemental opening brief addressing the postjudgment order challenged in the June 15, 2026 notice of appeal on or before November 6, 2026. If no supplemental opening brief is filed, the case will proceed only on the opening briefs filed in Appeal No. 25-6174 at Docket Entry Nos. 10 and 14. There is no appearance by appellees, so briefing will be complete when the supplemental opening brief is filed. The clerk will also serve a copy of this order on the district court clerk and the district court financial unit. [25-6174, 26-5654] [Entered: 10/07/2026 02:06 PM]
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Filing 3
ORDER FILED. Lawrence VANDYKE, Jennifer SUNG The notice of appeal, dated June 9, 2026 and received by the district court on June 15, 2026, was not deposited in the prisons internal mail system within 60 days after the district court entered the post-judgment order on March 31, 2026. See 28 U.S.C. 2107(b); Fed. R. App. P. 4(a)(1)(B), (c); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). The notice of appeal states that appellant did not receive notice of the entry of the March 31, 2026 post-judgment order until June 9, 2026. We treat the pro se notice of appeal as a motion to reopen the time to appeal from the March 31, 2026 post-judgment under Federal Rule of Appellate Procedure 4(a)(6) and remand to allow the district court to rule on the motion. See United States v. Withers, 638 F.3d 1055, 1061 (9th Cir. 2011). If the district court grants the motion to reopen, appellant does not need to file a new notice of appeal of the March 31, 2026 post-judgment order. The clerk will send a copy of this order to the district judge. [Entered: 09/23/2026 03:20 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 10/13/2026. For appeal no. 26-5654, 2:24-cv-01401-SMM--ESW. 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: 09/01/2026 10:28 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:24-cv-01401-SMM--ESW 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 26-5654 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: 09/01/2026 10:24 AM] |
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