Case Details

CourtCourt of Appeals for the Ninth Circuit
Docket number13-30154
Date case filed06/05/2013
Date case closed
Date of latest filing
Assigned to
Case cause
Nature of suit
Jury demand
Demand
Jurisdiction

Case Parties

None listed

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
106/05/2013 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PROSE APPELLANT. Reporters Transcript required: Yes. Sentence imposed: 42 Months. Transcript ordered by 06/14/2013. Transcript due 07/15/2013. Appellant briefs and excerpts due by 08/23/2013 for Michael George Fitzpatrick. Appellee brief due 09/23/2013 for United States of America. Appellant's optional reply brief is due 14 days after service of the answering brief. [8656125] (HC)
306/18/2013 Filed clerk order (Deputy Clerk: KG): In this criminal appeal, appellant appears on the court’s docket as proceeding pro se with the assistance of standby counsel. Appellant is informed that this court does not appoint standby counsel. Within 28 days after the date of this order, standby counsel and appellant shall confer and: (1) standby counsel shall file a motion to serve as appointed counsel on appeal; or (2) standby counsel shall file a motion for appointment of substitute counsel; or (3) standby counsel shall file a notice that appellant has retained counsel, and retained counsel shall file a notice of appearance; or (4) standby counsel shall notify the court that appellant requests that the court exercise its discretion to permit appellant to proceed on appeal without the assistance of counsel, and accompany that notice with a written request by appellant. See 9th Cir. R. 4-1(d); Martinez v. Court of Appeal, 528 U.S. 152 (2000). A new briefing schedule shall be established upon compliance with this order. Failure to comply with this order may result in the dismissal of this appeal for failure to prosecute. See 9th Cir. R. 42-1. The Clerk shall serve this order on standby counsel, the Federal Defenders of Eastern Washington and Idaho, and on appellant individually. [8671477] (WL)
506/24/2013 Filed (ECF) notice of appearance of Mark S. Determan for Appellee USA. Date of service: 06/24/2013. [8678862] (MSD)
606/24/2013 Filed (ECF) notice of appearance of Gregory Victor Davis for Appellee USA. Date of service: 06/24/2013. [8678942] (MSD)
906/24/2013 Filed (ECF) notice of appearance of Frank P. Cihlar for Appellee USA. Date of service: 06/24/2013. [8679201] (MSD)
1106/24/2013 Received Appellant Michael George Fitzpatrick amended appeal additions. [8679821] (JFF)
1207/16/2013 Filed (ECF) Appellant Michael George Fitzpatrick Motion to extend time to comply with the order dated 06/18/2013. Date of service: 07/16/2013. [8705867] (RRF)
1307/24/2013 Filed clerk order (Deputy Clerk: KG): Appellant’s motion for an extension of time to comply with the June 18, 2013 order is granted. The response required by the order is now due within 28 days after the date of this order. Failure to comply with this order may result in the dismissal of this appeal for failure to prosecute. See 9th Cir. R. 42-1. [8715635] (SM)
1408/05/2013 Filed (ECF) Appellant Michael George Fitzpatrick response to Court order dated 07/24/2013. Date of service: 08/05/2013. [8731449] (RRF)
1508/08/2013 Filed order (Appellate Commissioner): The Clerk shall serve the Report and Recommendation filed contemporaneously with this order on Michael George Fitzpatrick, Reg. No. 14214-023, USP FLORENCE ADMAX, U.S. Penitentiary, P.O. Box 8500, Florence, CO 81226. Within 21 days after this order is filed, Michael George Fitzpatrick may file pro se objections to the Report and Recommendation. The Clerk shall forward to the Appellate Commissioner any objections that are filed. (Appellate Commissioner) [8735803] (DL)
1608/08/2013 Filed Report and Recommendation by Appellate Commissioner. [8735813] (DL)
1709/06/2013 Filed order (A. WALLACE TASHIMA, MILAN D. SMITH, JR. and SANDRA S. IKUTA) ...We adopt in full the Appellate Commissioner’s report and recommendation. Fitzpatrick’s request for self-representation is denied. No pro se motions by Fitzpatrick for reconsideration of the denial of self-representation shall be filed or entertained. The Clerk shall change this court’s docket to show that Federal Public Defender Colin George represents Fitzpatrick on appeal. Fitzpatrick’s opening brief is due November 18, 2013. The government’s answering brief is due December 18, 2013. Fitzpatrick’s optional reply brief is due 14 days after service of the answering brief. In addition to serving this order on the counsel of record, the Clerk shall serve the order on: Michael George Fitzpatrick, Reg. No. 14214-023, USP FLORENCE ADMAX, U.S. Penitentiary, P.O. Box 8500, Florence, CO 81226. [8772109] (DL)
2009/06/2013 Filed (ECF) notice of appearance of Matthew Campbell for Appellant Michael George Fitzpatrick. Date of service: 09/06/2013. [8772414] (MC)