Shallowhorn v. Lundry, et al.
| ALFRED EUGENE SHALLOWHORN, an individual |
| UNKNOWN LUNDRY, official and individual capacity as warden, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION DIRECTOR, E. BUSTAMANTE, an individual, Cpt. HOOPER, an individual, UNKNOWN PARTY, IDTT Team at CSP; Classification Committee, DRr. BRICENO, SERVIN, an individual and UNKNOWN WOLFORD, an individual |
| 26-597 |
| January 29, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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This docket was last retrieved on June 4, 2026. A more recent docket listing may be available from PACER.
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Filing 9
ORDER FILED. It appears that appellant filed a response (Docket Entry No. 8) to this courts March 31, 2026 order that was dated April 15, 2026, but was not received by this court until June 1, 2026. The dismissal order (Docket Entry No. 7) is therefore vacated and this appeal is reinstated. The response to the courts March 31, 2026 order and all pending motions will be addressed in a future order. Briefing is stayed. [Entered: 06/04/2026 02:07 PM]
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| Filing 8 RESPONSE to Order - Order to Show Cause (OSC) (DE 6) filed by Appellant Alfred Eugene Shallowhorn. [Entered: 06/02/2026 10:11 AM] |
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Filing 7
ORDER FILED. Appellant has not filed a statement explaining why the appeal is not frivolous, as ordered by this court on March 31, 2026. This appeal is therefore dismissed. See 9th Cir. R. 42-1. All pending motions are denied as moot. This order becomes the mandate of the court in 21 days. [Entered: 05/22/2026 02:02 PM]
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Filing 6
ORDER FILED. It appears that this appeal may be frivolous. If the appeal is frivolous, the court will deny permission to proceed in forma pauperis and dismiss the appeal. See 28 U.S.C. 1915(e)(2). Within 35 days, appellant must: (1) file a statement explaining why the appeal is not frivolous, OR (2) file a motion to voluntarily dismiss the appeal, see Fed. R. App. P. 42(b). If appellant files a statement explaining why the appeal is not frivolous, or any other response other than a motion to dismiss, the court will determine whether the appeal is frivolous. If it is frivolous, the appeal will be dismissed. If it is not frivolous, the appeal will proceed. If the court dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). Briefing is stayed. If appellant does not respond to this order, the court may dismiss this appeal without further notice. The clerk will serve on appellant: (1) a form motion to voluntarily dismiss the appeal, and (2) a form statement that the appeal should go forward. [Entered: 03/31/2026 04:43 PM]
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| Filing 5 MOTION for Appointment of Counsel filed by Appellant Alfred Eugene Shallowhorn. [Entered: 03/27/2026 09:43 AM] |
| Filing 4 MOTION to Proceed In Forma Pauperis filed by Appellant Alfred Eugene Shallowhorn. [Entered: 03/25/2026 11:23 AM] |
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Filing 3
ORDER FILED. . Response to Fee Order due (Appellant) 3/23/2026 [Entered: 02/23/2026 04:20 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 3/10/2026. For appeal no. 26-597, 2:25-cv-09631-SVW-BFM. 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: 01/29/2026 02:41 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:25-cv-09631-SVW-BFM 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 26-597 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: 01/29/2026 02:32 PM] |
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