Tolbert v. Holland, et al.
| JOEL TOLBERT, III |
| B. HOLLAND, Sergeant, A. ROSSI, Sergeant, GAMBA, Deputy, GRIFFIN, Deputy (Classification), DAVIS, Deputy (Classification) and COUNTY OF CONTRA COSTA |
| 26-637 |
| February 2, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
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| Filing 8 MOTION for Appointment of Counsel filed by Appellant Joel Tolbert, III. [Entered: 03/31/2026 04:16 PM] |
| Filing 7 CLERK ACTION: Opening Brief submitted at DE 6 by Appellant Joel Tolbert, III is filed. Original and 0 copies. [Entered: 03/19/2026 03:20 PM] |
| Filing 6 OPENING BRIEF submitted for filing by Appellant Joel Tolbert, III. [Entered: 03/19/2026 03:19 PM] |
Filing 5
ORDER FILED. Appellant Joel Tolbert, III, prison identification number BU2428, 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 January 26, 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 CA 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: 03/04/2026 03:07 PM]
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| Filing 4 Received PLRA Authorization filed by Appellant Joel Tolbert, III. [Entered: 03/03/2026 02:54 PM] |
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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 That status continues in this court because it has not been revoked.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. [Entered: 02/03/2026 04:34 PM]
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| Filing 2 SCHEDULE NOTICE. Appeal Answering Brief (No Transcript Due) (Appellee) 4/13/2026, Appeal Opening Brief (No Transcript Due) (Appellant) 3/16/2026. For appeal no. 26-637, 5:22-cv-03546-EJD. 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 02:28 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 5:22-cv-03546-EJD 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 26-637 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 02:25 PM] |
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