years later, in '04, then: Court of Appeals Docket #: 04-30115 Docketed: 03/16/2004 Termed: 10/19/2004 USA v. Bell Appeal From: U.S. District Court for Western Washington, Tacoma Fee Status: IFP Case Type Information: 1) criminal 2) pre-guidelines 3) null Originating Court Information: District: 0981-3 : CR-97-05270-FDB Trial Judge: Franklin D. Burgess, Senior District Judge Date Filed: 05/16/1997 Date Order/Judgment: Date NOA Filed: 02/19/2004 03/12/2004 Prior Cases: 01-30143 Date Filed: 04/05/2001 Date Disposed: 05/22/2001 Disposition: Jurisdictional Defects - Judge Order 01-30162 Date Filed: 04/25/2001 Date Disposed: 05/22/2001 Disposition: Jurisdictional Defects - Judge Order 01-30296 Date Filed: 08/23/2001 Date Disposed: 12/26/2001 Disposition: Jurisdictional Defects - Judge Order 01-30303 Date Filed: 09/06/2001 Date Disposed: 09/19/2002 Disposition: Affirmed - Opinion 97-30384 Date Filed: 12/30/1997 Date Disposed: 08/21/1998 Disposition: Affirmed - Memorandum 99-30210 Date Filed: 07/06/1999 Date Disposed: 05/25/2001 Disposition: Affirmed - Memorandum Current Cases: None UNITED STATES OF AMERICA Plaintiff - Appellee, Helen J. Brunner, Esquire, Assistant U.S. Attorney [COR LD NTC Assist US Attorney] DOJ-Office of the U.S. Attorney 700 Stewart Street Seattle, WA 98101 v. JAMES DALTON BELL (Federal Prisoner: 26906-086) Defendant - Appellant, James Dalton Bell [NTC Pro Se] FCI - FEDERAL CORRECTIONAL INSTITUTION - SHERIDAN P.O. Box 5000 Sheridan, OR 97378-5000 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JAMES DALTON BELL, Defendant - Appellant. 03/16/2004 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF APLT IN PRO PER AND COUNSEL FOR APLE. Filed in D.C. on 3/12/04; setting schedule as follows: transcript shall be ordered by 4/2/04 for James Dalton Bell; transcript shall be filed by 5/3/04; appellants' briefs, excerpts due by 6/14/04 for James Dalton Bell; appellees' brief due 7/14/04 for USA; appellants' reply brief due by 7/28/04 for James Dalton Bell. ( RT required: YES) ( Sentence imp ) [04-30115] (KM) [Entered: 03/16/2004 02:26 PM] 03/16/2004 2 Filed certificate of record on appeal RT filed in DC None [04-30115] (KM) [Entered: 03/22/2004 11:31 AM] 06/24/2004 3 Received letter from pro se dated 6/19/04 re: statement of appellant's administrative complaint. (MOATT) (CP) [Entered: 06/28/2004 10:38 AM] 07/09/2004 7 Filed order (Deputy Clerk: ahh/MOATT) Within 21 days of the filing date of this order, appellant shall filewith this court a declaration or notarized statement attesting to the date on which the notice of appeal was deposited in the institution's internal mail systen and whether first-class postage was prepaid, or otherwise show cause why this appeal should not be dismissed for lack of jurisdiction. Appellee may respond to the declaration within 8 days after service of appellant's response. Failure to comply with this order may result in the dismissal of this appeal for failure to prosecute. Briefing is suspended pending further order of this court. Appellant's request for appointment of counsel will be addressed upon resolution of timeliness of this appeal. [04-30115] (BY) [Entered: 07/09/2004 08:48 AM] 07/26/2004 8 Filed Appellant James Dalton Bell's response to clerk order re: timeliness of filing of the notice of appeal; served on 7/22/04. (MOATT) [04-30115] (CP) [Entered: 07/26/2004 03:36 PM] 08/11/2004 11 Filed order (Johnnie B. RAWLINSON, CONSUELO M. CALLAHAN) A review of the record indicates that the notice of appeal in this case ws timely filed. The 7/9/04 order to show cuse is therefore discharged. To the extend appellant has moved to have the panel recuse itself from consideration of this appeal, that request is denied. To the extend appellant has moved for appt. of counsel in this appeal. that request is denied because he is not entitled to appt of counsel and this appeal does not present exceptional circumstances warranting the appt of counsel. (see casefile for citations). No motions for recon , clarification, modification of the denial of appt. of counsel shall be filed or entertained. The court's records reflect that this case may be appropriate for summary disposition because appellant is no longer entitled to appt of counsel. Within 21 days, appellant shall show cause why the DC's order allowing counsel to withdraw shall not be summarily affirmed. If appellant does not comply with this order, this appeal will be automatically dismissed for failure to prosecute. Briefing remains suspended pending further order of this court. [04-30115] (CP) [Entered: 08/11/2004 12:05 PM] 08/19/2004 12 Filed Appellant James Dalton Bell's response to 8/11/04 order to show cause; served on 8/16/04. (MOATT) [04-30115] (CP) [Entered: 08/19/2004 02:29 PM] 10/07/2004 15 Filed notice of appearance of Helen Brunner for the USA. (Withdrew as counsel: attorney Helen J. Brunner for USA) [04-30115] (CP) [Entered: 10/07/2004 02:25 PM] 10/19/2004 20 FILED MEMORANDUM: AFFIRMED ( Terminated on the Merits after Submission Without Oral Hearing; Affirmed; Written, Unsigned, Unpublished. Andrew J. KLEINFELD, A. W. TASHIMA, Ronald M. GOULD ) FILED AND ENTERED JUDGMENT. [04-30115] (CP) [Entered: 10/19/2004 11:18 AM] 10/28/2004 21 Received letter from pro se dated 10/22/04 re: status check. (MOATT, fyi per prose) (CP) [Entered: 11/02/2004 11:06 AM] 11/10/2004 22 MANDATE ISSUED [04-30115] (CP) [Entered: 11/10/2004 11:57 AM] 11/17/2004 23 Received Appellant James Dalton Bell's supplemental argument concerning 10/19/04 court order; served on 11/12/04. (mandate issued, sent public docket report, casefile) [04-30115] (CP) [Entered: 11/17/2004 02:13 PM]