22-56100
11/23/2022
Pending - Other Pending
Prisoner - Civil Right
JOHN HENRY YABLONSKY
San Diego, CA 92179
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Entity of the state of California
DANIEL PARAMO, Warden, R.J. Donovan (CDCR)
J. ROBLES, R.J. Donovan (CDCR) Librarian
POWELL, R.J. Donovan (CDCR) Librarian
BLAHNIK, R.J. Donovan (CDCR Sr. Librarian)
MARTINEZ, (CDCR) R.J. Donovan (Principal)
TICSCARNIA, (CDCR) Senior Librarian R.J. Donovan
MCGUIRE, (CDCR) Litigation Coordinator at R.J. Donovan
DOES, 1-10, Different employees within R.J. Donovan (titles and names unknown)
DOES, 11 Camoflage Doe
MONDET, Department of Corrections
SELF
OLIVARRIA
GARCIA
FULLER
PICKETT
John Henry Yablonsky
Attorney at RJDCF - R.J. DONOVAN CORRECTIONAL FACILITY
480 Alta Road
San Diego, CA 92179
Shiran Zohar
Attorney at California Office of the Attorney General
1300 I Street, 10Th Floor
Sacramento, CA 95814
Docketing Letter and Briefing Schedule
Notice to all Parties and Counsel
Case Opening Packet
(#4) Filed clerk order (Deputy Clerk: JW): The courts records reflect that the notice of appeal was filed during the pendency of a timely-filed motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The November 21, 2022 notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court are held in abeyance pending the district courts resolution of the pending October 12, 2022 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 14 days after the district courts ruling on the pending motion, appellant must file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk will serve this order on the district court. [12626253] (CKP) [Entered: 01/09/2023 03:01 PM]
Docket(#4) Filed clerk order (Deputy Clerk: JW): The courts records reflect that the notice of appeal was filed during the pendency of a timely-filed motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The November 21, 2022 notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court are held in abeyance pending the district courts resolution of the pending October 12, 2022 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 14 days after the district courts ruling on the pending motion, appellant must file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk will serve this order on the district court. [12626253] (CKP) [Entered: 01/09/2023 03:01 PM]
[-] Read LessDocket(#3) Attorney Lyndsay Rebecca Crenshaw in 22-56100 substituted by Attorney Shiran Zohar in 22-56100 [12617250] (NAC) [Entered: 12/23/2022 11:35 AM]
[-] Read LessDocket(#2) Filed (ECF) notice of appearance of Shiran Zohar (1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550) for Appellees Ticscarnia, McGuire, Martinez, Powell, J. Robles, CDCR and Blahnik. Substitution for Attorney Lyndsay Rebecca Crenshaw for Appellees Blahnik, CDCR, Martinez, McGuire, Daniel Paramo, Powell, J. Robles and Ticscarnia. Date of service: 12/23/2022. (Party was previously proceeding with counsel.) [12617243] [22-56100] (Zohar, Shiran) [Entered: 12/23/2022 11:30 AM]
[-] Read LessDocket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant John Henry Yablonsky opening brief due 01/20/2023. Appellees Blahnik, California Department of Corrections and Rehabilitation, Does, Fuller, Garcia, Martinez, McGuire, Mondet, Olivarria, Daniel Paramo, Warden, Pickett, Powell, J. Robles, Self and Ticscarnia answering brief due 02/21/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12594944] (JMR) [Entered: 11/23/2022 11:33 AM]
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