Brinkman # 133444 v. Ryan et al
Court Docket Sheet

2:2015-cv-01902 (azd)

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1
09/22/2015
PRISONER CIVIL RIGHTS COMPLAINT filed by Albert L Brinkman. (20 pages)
2
09/22/2015
APPLICATION for Leave to Proceed In Forma Pauperis by Albert L Brinkman. (2 pages)
3
09/22/2015
Prisoner Trust Fund Account Statement by Albert L Brinkman. (8 pages)
4
09/22/2015
NOTICE OF ASSIGNMENT:
5
09/23/2015
NOTICE to Plaintiff: This case is subject to General Order 14-17. Please review the attached documents.
1
https://ecf.azd.uscourts.gov/doc1/025114917312" onClick="goDLS{{'/doc1/025114917312','944461','31','','2','1','',''}};">1</a> General Order 14-17)
1 Attachment
6
10/20/2015
NOTICE of Exhibits by Albert L Brinkman re: 1 Complaint. (LAD) (8 pages)
7
11/10/2015
MOTION to Make Serve to the Attorney General by Albert L Brinkman. (1 page)
8
12/08/2015
MOTION to Appoint Counsel by Albert L Brinkman. (4 pages)
9
01/25/2016
ORDER Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2) is granted. As required by the accompanying Order to the appropriate government agency, Plaintiff must pay the $350.00 filing fee and is not assessed an initial partial filing fee. The Complaint (Doc. 1) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order. If Plaintiff fails to file an amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. § 1915(g). Plaintiff's "Request to Make Service to the Attorney General" (Doc. 7) and Motion for Appointment of Counsel (Doc. 8) are denied. The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Signed by Senior Judge Roslyn O Silver on 1/25/2016.
10
01/25/2016
ORDER Directing Monthly Payments be made from Prison Account of Albert L. Brinkman. Signed by Senior Judge Roslyn O Silver on 1/25/2016.
11
02/04/2016
MOTION for Extension of Time to File Amended Complaint by Albert L Brinkman. (3 pages)
12
02/11/2016
ORDER: Plaintiff's Motion for Extension of Time 11 is granted; Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with the Court's 1/25/16 Order; if Plaintiff fails to file a first amended complaint within 30 days, the Clerk must, without further notice, enter a judgment of dismissal of this action with prejudice that states the dismissal may count as a "strike" under 28 U.S.C. § 1915(g). Signed by Senior Judge Roslyn O Silver on 2/11/16.
13
03/11/2016
MOTION for Extension of Time to File First Amended Complaint by Albert L Brinkman. (1 page)
14
03/21/2016
ORDER: Plaintiff's Motion for Extension of Time (Doc. 13) is granted. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Court's January 25, 2016 Order. If Plaintiff fails to file a first amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. § 1915(g). Signed by Senior Judge Roslyn O Silver on 3/18/2016.
15
05/12/2016
VACATED by Court Order Doc.# 23. CLERK'S JUDGMENT - Pursuant to the Court's order filed March 21, 2016, Plaintiff to take nothing, and the complaint and action are dismissed with prejudice for failure to state a claim. This dismissal may count as a "strike" under 28 U.S.C. § 1915(g). (ATD) Modified on 8/24/2016
16
05/17/2016
MOTION for Reconsideration re: 15 Clerks Judgment or Provide "COA" by Albert L Brinkman. (25 pages)
17
05/25/2016
NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 15 Clerks Judgment by Albert L Brinkman. (1 page)
18
05/27/2016
USCA Case Number re: 17 Notice of Appeal. Case number 16-15949, Ninth Circuit. (copies sent by the Ninth Circuit)
19
05/31/2016
ORDER of USCA that the proceedings in this court shall be held in abeyance pending the district court's resolution of the pending 5/17/16 motion re: 17 Notice of Appeal filed by Albert L Brinkman. (LAD) (Distributed by the Ninth Circuit)
20
06/21/2016
MOTION for Stamped Copy and NEF re: 16 MOTION for Reconsideration re: 15 Clerk's Judgment by Albert L Brinkman (31 pages).
21
08/12/2016
MOTION for Leave to Appeal in forma pauperis re: 17 Notice of Appeal (16-15949) by Albert L Brinkman. NOTE: IFP Granted in U.S. District Court on 1/25/2016 (ATD) (2 pages)
22
08/12/2016
Prisoner Trust Fund Account Statement re: 21 Motion for Leave to Appeal as to 17 Notice of Appeal (16-15949) by Albert L Brinkman. (ATD) (9 pages)
23
08/24/2016
ORDER The Motion for Reconsideration (Doc. 16) is granted. The Clerk's Judgment entered May 12, 2016 (Doc. 15) is vacated. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with the Court's January 25 Order. If Plaintiff fails to file an amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. § 1915(g). Plaintiff's "Motion Requesting a Stamped Copy [and] 'NEF' for Document #16" (Doc. 20) is denied. The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. The Clerk of Court must also send a copy of this Order to the Clerk of the Ninth Circuit Court of Appeals. Signed by Senior Judge Roslyn O Silver on 8/23/2016.
24
10/18/2016
MANDATE of USCA dismissing the appeal re: 16-15949 as to 17 Notice of Appeal filed by Albert L Brinkman.
1
Order
2
https://ecf.azd.uscourts.gov/doc1/025116531845" onClick="goDLS{{'/doc1/025116531845','944461','95','','2','1','',''}};">2</a> NDA)
2 Attachments
25
10/18/2016
Mail Returned as Undeliverable. Mail sent to Albert L Brinkman. Reason for return: Inmate moved out of state. Document number 24.
26
10/31/2016
ORDER that Plaintiff's Motion for Leave to Appeal in Forma Pauperis (Doc. 21) is denied as moot. Within 14 days from the date of this Order, Plaintiff must show cause, in writing, why this action should not be dismissed with prejudice for failure to state a claim, unless by then he has filed an amended complaint (Show Cause Response due by 11/14/2016). If Plaintiff fails to show cause or submit an amended complaint within 14 days, the Clerk of Court must terminate this case with prejudice and without further notice to Plaintiff. The Clerk of Court must update the docket to reflect that Plaintiff is now incarcerated at the Hutchinson Correctional Facility, P.O. Box 1568, Hutchinson, Kansas, 67504. The Clerk of Court must also mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Signed by Senior Judge Roslyn O Silver on 10/31/16.
27
11/28/2016
CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed October 31, 2016, judgment is entered in favor of defendant and against plaintiff. Plaintiff to take nothing, and complaint and action are dismissed with prejudice for failure to comply with the Court's order.
28
11/28/2016
MOTION for Extension and MOTION for Counsel by Albert L Brinkman. (1 page)
29
11/28/2016
NOTICE OF PARTY'S CHANGE OF ADDRESS by Albert L Brinkman: #0065738, El Dorado Correctional Facility, P.O. Box 311, El Dorado, Kansas 67042-311. (MFR)(1 page)
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