Houston v. Wiese, et al.
| MATTHEW TRAVIS HOUSTON |
| JERRY A. WIESE, II, dba Jennifer L.G. Schwartz, MCCLENDON, JAMES DZURENDA, JEREMY BEAN and TERRY ROYAL |
| 26-623 |
| February 2, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
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Filing 9
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 June 2, 2026. This appeal is therefore dismissed. See 9th Cir. R. 42-1. This order becomes the mandate of the court in 21 days. [Entered: 07/01/2026 01:34 PM]
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| Filing 8 MAIL RETURNED. DE 7 addressed to Appellant Matthew Travis Houston. Action taken: none (no forwarding address found). [Entered: 06/30/2026 02:11 PM] |
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Filing 7
ORDER FILED. Michelle T. FRIEDLAND, Bridget S. BADE The motion for an extension of time to file the motion to proceed in forma pauperis (Docket Entry No. 5) is granted. Three or more prior actions or appeals filed by appellant were dismissed as frivolous, malicious, or for failure to state a claim. See Houston v. Lombardo, et al., No. 23-2801 (9th Cir. Feb. 18, 2025) (appeal dismissed as frivolous); Houston v. Golden Entertainment, et al., No. 24-95 (9th Cir. Feb. 19, 2025) (appeal dismissed as frivolous); Houston v. Encore Event Tech., et al., No. 24-6516 (9th Cir. Apr. 25, 2025) (appeal dismissed as frivolous). Appellant has not sufficiently alleged imminent danger of serious physical injury. The motion to proceed in forma pauperis (Docket Entry No. 4) is therefore denied. See 28 U.S.C. 1915(g). The motion for appointment of pro bono counsel (Docket Entry No. 6) is denied. Appellant is not required to submit excerpts of record. If appellant does not submit excerpts, appellee must submit all documents cited in the pro se opening brief or otherwise required by the rules. See 9th Cir. R. 30-1. 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. [Entered: 06/02/2026 10:32 AM]
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| Filing 6 MOTION for Appointment of Counsel filed by Appellant Matthew Travis Houston. [Entered: 03/30/2026 05:46 PM] |
| Filing 5 MOTION to Extend Time to File Motion filed by Appellant Matthew Travis Houston. [Entered: 03/30/2026 05:45 PM] |
| Filing 4 MOTION to Proceed In Forma Pauperis filed by Appellant Matthew Travis Houston. [Entered: 03/30/2026 05:44 PM] |
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Filing 3
ORDER FILED. . Response to Fee Order due (Appellant) 3/23/2026 [Entered: 02/23/2026 04:28 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 3/16/2026. For appeal no. 26-623, 2:25-cv-01364-JAD-DJA. 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: 02/02/2026 09:29 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:25-cv-01364-JAD-DJA 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 26-623 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: 02/02/2026 09:27 AM] |
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