This case was last updated from PACER on 07/12/2019 at 06:07:03 (UTC).

Robert Lumpkin v. Jason Salt, et al

Case Summary

On 05/13/2019 Robert Lumpkin filed a Prisoner - Civil Right lawsuit against Jason Salt. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Ninth Circuit. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    19-35416

  • Filing Date:

    05/13/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Civil Right

  • Courthouse:

    U.S. Court Of Appeals, Ninth Circuit

 

Party Details

Defendant / Appellees

KELLY SPANGLER

MICHAEL MILLER, Sgt.

JASON SALT, Deputy

RANDALL WILLIAMS

Plaintiff / Appellant

ROBERT J. LUMPKIN

Monroe, WA 98272-0777

Attorney/Law Firm Details

Defendant / Appellee Attorney

Katherine Heather Bosch

Attorney at Snohomish County Prosecuting Attorney

3000 Rockefeller Avenue, M/S 504

Everett, WA 98201

Plaintiff / Appellant Attorney

Robert J. Lumpkin

Attorney at MCC - MONROE CORRECTIONAL COMPLEX

P.O. Box 777

Monroe, WA 98272-0777

 

Court Documents

#4

(#4) Filed clerk order (Deputy Clerk: CO): A review of the docket reflects that appellant has failed to respond to the court's May 31, 2019 order to show cause. The court sua sponte grants appellant an extension of time to respond to the order to show cause. Within 21 days after the date of this order, appellant shall file a response to the May 31, 2019 order to show cause. If appellant elects to show cause, appellees may file a response within 10 days after service of appellants statement. If appellant fails to comply with this order, the appeal will be dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. Briefing is stayed pending further order of the court. The Clerk shall send a copy of the May 31, 2019 order to appellant along with this order. [11358212] (CKP) [Entered: 07/09/2019 01:55 PM]

#3

(#3) Filed Appellant Robert J. Lumpkin motion to appoint counsel. Deficiencies: None. Served on 06/05/2019. [11325980] (CW) [Entered: 06/11/2019 07:38 AM]

#2

(#2) Filed clerk order (Deputy Clerk: CO): The district court judgment was entered on the docket on April 8, 2019. Appellants notice of appeal from that judgment was dated April 10, 2019, but was not filed until May 10, 2019. Thus, the notice of appeal was not filed within 30 days after the entry of the judgment. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1). Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Accordingly, within 21 days after the date of this order, appellant shall file with this court a declaration or notarized statement attesting to the date on which the notice of appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). A response may be filed within 10 days after service of appellants declaration. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of this court. [11315148] (CKP) [Entered: 05/31/2019 11:06 AM]

1 #2

Pro Se Case Opening Packet

#1

Docketing Letter

 

Docket Entries

  • 07/09/2019
  • View Court Documents
  • (#4) Filed clerk order (Deputy Clerk: CO): A review of the docket reflects that appellant has failed to respond to the court's May 31, 2019 order to show cause. The court sua sponte grants appellant an extension of time to respond to the order to show cause. Within 21 days after the date of this order, appellant shall file a response to the May 31, 2019 order to show cause. If appellant elects to show cause, appellees may file a response within 10 days after service of appellants statement. If appellant fails to comply with this order, the appeal will be dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. Briefing is stayed pending further order of the court. The Clerk shall send a copy of the May 31, 2019 order to appellant along with this order. [11358212] (CKP) [Entered: 07/09/2019 01:55 PM]

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  • 06/10/2019
  • View Court Documents
  • (#3) Filed Appellant Robert J. Lumpkin motion to appoint counsel. Deficiencies: None. Served on 06/05/2019. [11325980] (CW) [Entered: 06/11/2019 07:38 AM]

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  • 05/31/2019
  • View Court Documents
  • (#2) Filed clerk order (Deputy Clerk: CO): The district court judgment was entered on the docket on April 8, 2019. Appellants notice of appeal from that judgment was dated April 10, 2019, but was not filed until May 10, 2019. Thus, the notice of appeal was not filed within 30 days after the entry of the judgment. See 28 U.S.C 2107(a); Fed. R. App. P. 4(a)(1). Because appellant is a pro se prisoner, however, the notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). Accordingly, within 21 days after the date of this order, appellant shall file with this court a declaration or notarized statement attesting to the date on which the notice of appeal was deposited in the institutions internal mail system and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. See Fed. R. App. P. 4(c)(1); Douglas v. Noelle, 567 F.3d 1103 (9th Cir. 2009). A response may be filed within 10 days after service of appellants declaration. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of this court. [11315148] (CKP) [Entered: 05/31/2019 11:06 AM]

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  • 05/13/2019
  • View Court Documents
  • (#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Robert J. Lumpkin opening brief due 07/09/2019. Appellees Michael Miller, Jason Salt, Kelly Spangler and Randall Williams answering brief due 08/08/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11294442] (JPD) [Entered: 05/13/2019 09:52 AM]

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