and then:
Court of Appeals Docket #: 05-35289 Docketed: 03/30/2005
Termed: 02/24/2006
Nature of Suit: 3550 Prisoner-Civil Rights
Bell, et al v. DC of Tacoma, et al
Appeal From: U.S. District Court for Oregon, Portland
Fee Status: Paid
Case Type Information:
1) prisoner
2) state
3) civil rights
Originating Court Information:
District: 0979-3 : CV-02-01052-AJB
Trial Judge: Anna J. Brown, District Judge
Date Filed: 08/05/2002
Date Order/Judgment: Date NOA Filed:
01/07/2005 03/10/2005
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
01-35910 Date Filed: 10/02/2001 Date Disposed: 04/15/2002
Disposition: COA Denied - Judge Order
04-30115 Date Filed: 03/16/2004 Date Disposed: 10/19/2004
Disposition: Affirmed - Memorandum
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:
Lead Member Start End
Companion
05-35289 05-35897 09/12/2005
Consolidated
05-35289 05-35291 05/18/2005
JAMES DALTON BELL (Federal Prisoner: 26906-086)
Plaintiff - Appellant, James Dalton Bell
[NTC Pro Se]
FCI - FEDERAL CORRECTIONAL INSTITUTION - SHERIDAN
P.O. Box 5000
Sheridan, OR 97378-5000
CHARLES STEWART
Plaintiff, Charles Stewart, Esquire
Direct: 503/558-3932
[NTC Pro Se]
19164 Barrington Ave
Sandy, OR 97055
MICHAEL HUNTER
Plaintiff,
v.
USDC, TACOMA
Defendant - Appellee, No Appearance
[Please Select]
No Address
-
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON, SEATTLE
Defendant - Appellee, No Appearance
[Please Select]
(see above)
JACK E. TANNER
Defendant - Appellee, Baron C. Sheldahl, Esquire, Attorney
Direct: 503-727-1000
[COR LD NTC Assist US Attorney]
DOJ-USAO
Suite 600
Firm: 503/727-1000
1000 S.W. Third Avenue
Portland, OR 97204
FRANKLIN D. BURGESS
Defendant - Appellee, Baron C. Sheldahl, Esquire, Attorney
Direct: 503-727-1000
[COR LD NTC Assist US Attorney]
(see above)
ROB LONDON
Defendant - Appellee, Baron C. Sheldahl, Esquire, Attorney
Direct: 503-727-1000
[COR LD NTC Assist US Attorney]
(see above)
ROBERT MICHAEL LEEN
Defendant - Appellee, John S. Ransom, Attorney
Direct: 503-228-0487
[COR LD NTC Retained]
Ransom Blackman LLP
Security Plaza Building
Suite 1400
1001 S.W. Fifth Avenue
Portland, OR 97204
JEFF GORDON
Defendant - Appellee, Baron C. Sheldahl, Esquire, Attorney
Direct: 503-727-1000
[COR LD NTC Assist US Attorney]
(see above)
ANNE M. LEVINS
Defendant - Appellee, Baron C. Sheldahl, Esquire, Attorney
Direct: 503-727-1000
[COR LD NTC Assist US Attorney]
(see above)
LESLIE SPIER, MICHAEL MARKHAM; JILL SJODIN; S. YOUNG; LISA STEVENSON;
ERNIE GRIZZELL; MATT RICHARDS; COUNSELOR J. GUSTIN, FDC Seatac
Counselor; SEATAC FDC; TREASURY INSPECTOR GENERAL FOR TAX
ADMINISTRATION; DEPARTMENT OF TREASURY; ALCOHOL TOBACCO AND FIREARMS
AGENTS;
Defendant - Appellee, Baron C. Sheldahl, Esquire, Attorney
Direct: 503-727-1000
[COR LD NTC Assist US Attorney]
(see above)
PETER AVENIA
Defendant - Appellee, John S. Ransom, Attorney
Direct: 503-228-0487
[COR LD NTC Retained]
(see above)
JUDITH MANDEL
Defendant - Appellee, John S. Ransom, Attorney
Direct: 503-228-0487
[COR LD NTC Retained]
(see above)
FEDERAL PUBLIC DEFENDERS OF TACOMA
Defendant - Appellee, John S. Ransom, Attorney
Direct: 503-228-0487
[COR LD NTC Retained]
(see above)
FEDERAL PUBLIC DEFENDERS OF SEATTLE
Defendant - Appellee, John S. Ransom, Attorney
Direct: 503-228-0487
[COR LD NTC Retained]
(see above)
RYAN LUND, PETER L. SHAW; WILLIAM MARTIN; STEVE WALSH, aka Steve
Wilson Warden W.J. JUSINO; NICOLE CUNNINGHAM; TACOMA FEDERAL
PROSECUTORS OFFICE; TACOMA FEDERAL PROBATION OFFICE; INTERNAL REVENUE
SERVICE AGENTS; SEATTLE FEDERAL PROSECUTORS OFFICE; SEATTLE FEDERAL P
Defendant - Appellee, No Appearance
[Please Select]
(see above)
VANCOUVER POLICE DEPARTMENT
Defendant - Appellee, Jeffrey N. Riback, Esquire, Attorney
Direct: 360/696-8251
[COR LD NTC Retained]
OFFICE OF THE CITY ATTORNEY
415 W. 6th Street
Vancouver, WA 98660
DAVID KING, Sargeant (State Prisoner: T-11563)
Defendant - Appellee, Jeffrey N. Riback, Esquire, Attorney
Direct: 360/696-8251
[COR LD NTC Retained]
(see above)
CLACKAMAS COUNTY SHERIFF'S DEPARTMENT
Defendant - Appellee, Edward S. McGlone, III, Attorney
Direct: 503-486-7048
[COR LD NTC County Counsel]
Edward McGlone Law Offices
4000 Kruse Way Place, 3-120
Lake Oswego, OR 97035
MULTNOMAH COUNTY SHERIFF
Defendant - Appellee, Susan M. Dunaway
Direct: 503-988-3138
[COR LD NTC Retained]
Multnomah County Attorney's Office
Suite 500
501 SE Hawthorne Blvd.
Portland, OR 97214
CITY OF PORTLAND
Defendant - Appellee, David A. Landrum, Esquire, Attorney
Direct: 503/823-4047
[COR LD NTC Deputy City Attorney]
OFFICE OF THE CITY ATTORNEY
Rm. 430
1221 SW Fourth Avenue
Portland, OR 97204
Mark R. Moline, Esquire
Direct: 503-823-3089
[COR LD Deputy City Attorney]
OFFICE OF THE CITY ATTORNEY
Suite 430
1221 SW Fourth Avenue
Portland, OR 97204
PORTLAND POLICE BUREAU
Defendant - Appellee, David A. Landrum, Esquire, Attorney
Direct: 503/823-4047
[COR LD NTC Deputy City Attorney]
(see above)
Mark R. Moline, Esquire
Direct: 503-823-3089
[COR LD Deputy City Attorney]
(see above)
GUNDERSON, Officer
Defendant - Appellee, David A. Landrum, Esquire, Attorney
Direct: 503/823-4047
[COR LD NTC Deputy City Attorney]
(see above)
Mark R. Moline, Esquire
Direct: 503-823-3089
[COR LD Deputy City Attorney]
(see above)
PIERCE COUNTY SHERIFF
Defendant - Appellee, Daniel Hamilton, Attorney
Direct: 253-798-7746
[COR LD NTC County Counsel]
Pierce County Prosecutor's Office
Civil Division
Suite 301
955 Tacoma Avenue South
Tacoma, WA 98402-2160
CBS BROADCASTING INC.
Defendant - Appellee, Duane A. Bosworth
Direct: 503-778-5224
[COR LD NTC Retained]
Davis Wright Tremaine, LLP
Firm: 503-241-2300
1300 SW Fifth Avenue
Suite 2400
Portland, OR 97201-5610
STATE OF WASHINGTON, a Lessor of Land Occupied by SeaTac FDC
Defendant - Appellee, John A. Level, Esquire, Attorney
Direct: 360/586-6300
[COR LD NTC Dep State Aty Gen]
AGWA - OFFICE OF THE WASHINGTON ATTORNEY GENERAL (OLYMPIA)
Torts Division
P.O. Box 40126
Olympia, WA 98504-0126
JOHN RANSOM
Defendant - Appellee, Jonathan Mark Radmacher, Attorney
Direct: 503-226-7321
[COR LD NTC Retained]
McEWEN GISVOLD, LLP
Suite 1600
1100 S.W. Sixth Ave.
Portland, OR 97204
Trung D. Tu, Attorney
Direct: 503-226-7321
[COR LD NTC Retained]
McEWEN GISVOLD, LLP
Suite 1600
1100 S.W. Sixth Ave.
Portland, OR 97204
JAMES DALTON BELL,
Plaintiff - Appellant,
and
CHARLES STEWART; MICHAEL HUNTER,
Plaintiffs,
v.
USDC, TACOMA; UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF
WASHINGTON, SEATTLE; JACK E. TANNER; FRANKLIN D. BURGESS; ROB LONDON;
ROBERT MICHAEL LEEN; JEFF GORDON; ANNE M. LEVINS; LESLIE SPIER,
MICHAEL MARKHAM; JILL SJODIN; S. YOUNG; LISA STEVENSON; ERNIE
GRIZZELL; MATT RICHARDS; COUNSELOR J. GUSTIN, FDC Seatac Counselor;
SEATAC FDC; TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION;
DEPARTMENT OF TREASURY; ALCOHOL TOBACCO AND FIREARMS AGENTS;; PETER
AVENIA; JUDITH MANDEL; FEDERAL PUBLIC DEFENDERS OF TACOMA; FEDERAL
PUBLIC DEFENDERS OF SEATTLE; RYAN LUND, PETER L. SHAW; WILLIAM MARTIN;
STEVE WALSH, aka Steve Wilson Warden W.J. JUSINO; NICOLE CUNNINGHAM;
TACOMA FEDERAL PROSECUTORS OFFICE; TACOMA FEDERAL PROBATION OFFICE;
INTERNAL REVENUE SERVICE AGENTS; SEATTLE FEDERAL PROSECUTORS OFFICE;
SEATTLE FEDERAL P; VANCOUVER POLICE DEPARTMENT; DAVID KING, Sargeant;
CLACKAMAS COUNTY SHERIFF'S DEPARTMENT; MULTNOMAH COUNTY SHERIFF; CITY
OF PORTLAND; PORTLAND POLICE BUREAU; GUNDERSON, Officer; PIERCE COUNTY
SHERIFF; CBS BROADCASTING INC.; STATE OF WASHINGTON, a Lessor of Land
Occupied by SeaTac FDC; JOHN RANSOM,
Defendants - Appellees.
03/30/2005 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF Aplt in pro
per & csl of aples. CADS SENT (Y/N): NO. setting schedule as follows:
Fee payment is due 4/13/05 ; appellant's designation of RT is due
3/21/05; appellee's designation of RT is due 3/30/05,, ; appellant
shall order transcript by 4/11/05; court reporter shall file
transcript in DC by 5/10/05; certificate of record shall be filed by
5/17/05 ; appellant's opening brief is due 6/27/05; appellees' brief
is due 7/26/05,, ; appellants' reply brief is due 8/9/05; [05-35289]
(MF) [Entered: 03/30/2005 11:50 AM]
05/18/2005 3 Filed order ( Harry PREGERSON, William C. CANBY, ):
The ct, sua sponte, consolidates appl number 05-35289 and 05-35291. A
review of the record demonstrates that, although the 3/10/05 and
3/15/05 notices of appl were not filed within 60 days from entry of
the 1/7/05 judgment, aplts filed timely mtns for ext of time to appl
pursuant to FRAP 4(a)(5), which were contained in the notices of app.
The dc has not ruled on those motions. Accordingly, these appls are
remanded to the dc for the limited purpose of allowing that ct to rule
on aplts' mtns. The dc is requested to serve a copy of its decision on
this ct at its earliest convenience. Br in these appls is stayed
pending further order of this ct. [05-35289, 05-35291] (GR) [Entered:
05/18/2005 08:47 AM]
06/01/2005 4 FILED deft-aple John Ransom's notice of appearance as
a party to the appeal; served on 5/26/05 (CASEFILES) (HH) [Entered:
06/07/2005 03:05 PM]
06/06/2005 6 Received copy of District Court minute order filed on
5/31/05: Denying plntfs Stewart and Bell's motions to extend the time
for filing a notice of appeal. (to PROSE) [05-35289, 05-35291] (HH)
[Entered: 06/15/2005 12:40 PM]
06/13/2005 7 Rec'd notice of change of address from Appellant James
Dalton Bell in 05-35289 (PO Box 33, Terre Haute, IN 47808).
(CASEFILES) [05-35289, 05-35291] (HH) [Entered: 06/16/2005 12:39 PM]
06/13/2005 8 Received letter from pro se James Bell, dated 6/7/05
re: Notice of fact of appeal notice filed. (to PROSE) (HH) [Entered:
06/16/2005 12:42 PM]
06/22/2005 9 Received Appellant James Dalton Bell's "motion and
notice regarding this court's jurisdiction," dated 6/7/05 (fees due)
[5476067] (to PROSE) [05-35289] (HH) [Entered: 06/24/2005 12:37 PM]
07/21/2005 11 Order filed: A review of the record demonstrates that
this court lacks jurisdiction over appeal no. 05-35291 because the
3/15/05 notice of appeal was not filed within 60 days from entry of
the 1/7/05 judgment...CITE. Consequently, appeal no. 05-35291 is
DISMISSED for lack of jurisdiction. Although the district court also
denied aplt James Bell's motion for ext of time to appeal no.
05-35289, further review of the record reflects that aplt Bell's
appeal was timely filed pursuant to FRAP 4(c) because aplt Bell is
incarcerated and his 3/10/05 noa was recvd by the dc one day after the
deadline prescribed by FRAP 4(a)(1). Consequently, appeal no. 05-35289
shall proceed. A review of this court's docket in appeal no. 05-35289
reflects that the filing and docketing fees for this appeal remain
due. Within 21 days after the filing date of this order, aplt Bell
shall pay to the dc the $255.00 filing and docketing fees for this
appeal and file in this court proof of such payment or file in this
court a motion to proceed ifp. Failure to pay the fees or file a
motion to proceed ifp shall result in the automatic dismissal of the
appeal by the clerk for failure to prosecute. See 9th Cir.R. 42-1. (
Procedurally Terminated After Other Judicial Action; Jurisdictional
Defects. Mary M. SCHROEDER, Johnnie B. RAWLINSON, Jay S. BYBEE )
[05-35289, 05-35291] (HH) [Entered: 07/21/2005 10:29 AM]
08/11/2005 18 Received Appellant James Dalton Bell's "request for
ext and relief from obstruction," dated 8/2/05 [5540923] (to PROSE)
[05-35289] (HH) [Entered: 08/23/2005 12:33 PM]
08/15/2005 13 Order filed (Dep. Clk. jlc) dismiss case for failure
to prosecute (C.R. 42-1) A certified copy of this order sent to the
district court shall act as and for the mandate of this court. (
Procedurally Terminated Without Judicial Action; Default. ) [05-35289]
(JC) [Entered: 08/15/2005 09:46 AM]
08/17/2005 17 Received Appellant James Dalton Bell's "Notice of
obstruction of plntf's right to pursue appeal," dated 8/11/05 (to
PROSE) (HH) [Entered: 08/23/2005 09:52 AM]
08/19/2005 14 Received Appellant James Dalton Bell's "motion for
relief from obstruction of this appeal," dated 8/15/05 [5539551] (to
PROSE) [05-35289] (HH) [Entered: 08/22/2005 12:16 PM]
08/19/2005 15 Received aplt James Dalton Bell's document entitled
"Response to 7/21/05 order," dated 8/15/05 (to PROSE) [05-35289] (HH)
[Entered: 08/22/2005 12:18 PM]
08/19/2005 16 Received aplt James Dalton Bell's "Notice of impaired
filing," dated 8/15/05 (to PROSE) (HH) [Entered: 08/22/2005 12:22 PM]
09/12/2005 20 Filed order (Appellate Commissioner) The ct is in
receipt of aplt's filing titled "mtn for relief from obstruction of
this appl" Aplt's filings is construed as a mtn to reinstate the appl
dismissed for lack of prosecution on 8/15/05/ So construed, the mtn to
reinstate is denied without prejudice to filing a renewed mtn to
reinstate the appl within 21 days of this order, accompanied by 1) prf
of pymnt of the $255 fee, or 2) a mtn to proc ifp...The clerk shall
provide a copy of form 4 of the 9th CR to aplt along with this order.
All other pndg mtns are denied as moot. [14] [18] ( PROSE) [05-35289]
(GR) [Entered: 09/12/2005 08:14 AM]
09/19/2005 22 Filed order PROSE (Appellate Commissioner) It has
come to the attention of the court that the appellate commissioner is
a named party to this appeal. Accordingly, the order filed on 9/12/05
is VACATED. The matter will be addressed by separate order. [05-35289]
(HH) [Entered: 09/19/2005 09:55 AM]
09/29/2005 24 Received Appellant James Dalton Bell's response to
9/12/05 order; dated 9/19/05 (to PROSE) [05-35289] (HH) [Entered:
10/11/2005 04:02 PM]
10/06/2005 25 Received Appellant James Dalton Bell's "objection to
clerk's dismissal/notice of pending 28 USC 455/Rule 59(e)/60(b)
filing," dated 10/3/05 (to PROSE) [05-35289] (HH) [Entered: 10/11/2005
04:04 PM]
10/14/2005 27 Filed order PROSE ( Thomas G. NELSON, Richard C.
TALLMAN, ): The court is in receipt of aplt's filing titled, "motion
for relief from obstruction of this appeal." Aplt's filing is
construed as a motion to reinstate the appeal, which was dismissed for
lack of jurisdiction on 8/15/05 under 9th Cir.R. 42-1. So construed,
the motion to reinstate is DENIED without prejudice to the filing of a
renewed motion to reinstate the appeal within 21 days after the date
of this order, accompanied by: 1) proof of payment of the $255
docketing and filing fee; or 2) a motion to proceed ifp... The clerk
shall provide a copy of form 4 of the 9th Cir.R. rules to aplt along
with this order pursuant to FRAP 24. All other pending motions are
DENIED as moot. [05-35289] (HH) [Entered: 10/14/2005 10:43 AM]
10/17/2005 28 Received Appellant James Dalton Bell's "request to
construe filings as Rule 60(b) and under 28 USC 2441 in appeals
99-30210, 01-30143, 01-30296, 01-30303," dated 10/2/05 [5603631] (to
PROSE - NAN case dismissed - aplt needs to respond to 10/14/05 order)
[05-35289] (HH) [Entered: 10/20/2005 03:14 PM]
10/24/2005 29 Received letter from pro se re: obstruction of
justice. (PRO SE - NAN - case closed) (GR) [Entered: 10/26/2005 02:18
PM]
10/27/2005 30 Received letter from pro se dated 10/23/05 re:
"status of these matters." (general docket sent to aplt) (HH)
[Entered: 11/02/2005 05:02 PM]
10/31/2005 32 Received Appellant James Dalton Bell's "response to
10/14/05 order; motion to correct procedural error; motion to
adjudicate existing 28 USC 455 motion," dated on 10/26/05 [5619003]
(to MOATT) [05-35289] (HH) [Entered: 11/03/2005 04:02 PM]
10/31/2005 34 Received Appellant James Dalton Bell's "renewed
motion to reinstate appeal, motion regaring in form pauperis status of
aplt Bell," dated 10/24/05 (no proof of service) (to MOATT - includes
affidavit accompanying mtn to appeal ifp, Form 4 ) [5620686]
[05-35289] (HH) [Entered: 11/04/2005 04:36 PM]
11/03/2005 33 Received letter from pro se dated 10/30/05 re:
irregularities associated with court's mishandling of 05-35289.
(CASEFILES) (HH) [Entered: 11/03/2005 04:21 PM]
11/04/2005 38 Received Appellant James Dalton Bell's "supplement to
motion under 28 usC 455" [32], served on 11/2/05 (to MOATT) [05-35289]
(HH) [Entered: 11/18/2005 05:01 PM]
11/07/2005 35 Received Appellant James Dalton Bell's "supplement to
motion under 28 USC 455" [34], [32]; dated 10/23/05 (to MOATT)
[05-35289] (HH) [Entered: 11/08/2005 11:11 AM]
11/07/2005 36 Received Appellant James Dalton Bell's "motion for
reconsideration of denied as moot motions," dated 10/23/05 [5622662]
(to PROSE) [05-35289] (HH) [Entered: 11/08/2005 11:13 AM]
11/14/2005 39 Received Appellant James Dalton Bell's motion under
28 USC 455; dated 11/4/05 [5634572] (to MOATT) [05-35289] [05-35289]
(HH) [Entered: 11/18/2005 05:13 PM]
11/14/2005 43 Received Appellant James Dalton Bell's "motion to
repair corruption," dated 11/7/05 [5639726] [05-35289] [05-35289] (HH)
[Entered: 11/25/2005 12:18 PM]
11/18/2005 47 Received letter from pro se re: filings in cases
99-30210 and 05-35289. (to MOATT) (HH) [Entered: 12/28/2005 11:56 AM]
11/21/2005 40 Received Appellant James Dalton Bell's "renewed
motion to reinstate appeal, motion regaring in form pauperis status of
aplt Bell," dated 10/24/05 (no proof of service) (MOATT) [5635140]
[05-35289] (HH) [Entered: 11/21/2005 11:00 AM]
11/21/2005 41 Filed order MOATT ( J. C. WALLACE, Edward LEAVY, ):
The clerk is directed to file aplt's 10/31/05 "renewed motion to
reinstate appeal, motion regarding ifp status of aplt Bell." The
renewed motion to reinstate is GRANTED. [40] Aplt's 10/31/05 filing is
construed as a motion to proceed ifp on appeal. So construed, the
motion is DENIED. [34] Within 21 days after the filing date of this
order, aplt shall pay $255.00 to the dc as the docketing and filing
fees for this appeal and file proof of payment with this court.
Failure to pay the fees will result in the automatic dismissal of the
appeal by the clerk for failure to prosecute, regardless of further
filings. See 9th Cir.R. 42-1. If aplt pays the fees as required and
files proof of such payment in this court, aplt shall simultaneously
show cause why the judgment challenged in this appeal should not be
summarily affirmed. See 9th Cir.R. 3-6. If aplt pays the fees but
fails to file a response to this order, the clerk shall dismiss this
appeal for failure prosecute. See 9th Cir.R. 42-1. To the extent aplt
has a motion for recusal pending, it is DENIED...CITE. All other
pending motions are DENIED. No motions for reconsideration,
clarification, or modification of this order shall be filed or
entertained. Briefing is SUSPENDED pending further order of this
court. [05-35289] (HH) [Entered: 11/21/2005 11:00 AM]
12/06/2005 44 Check Number 553 in the amount of 255.00 forwarded to
district court. (See Case File) [05-35289] (JR) [Entered: 12/06/2005
02:34 PM]
12/06/2005 45 Filed Appellant James Dalton Bell's response to order
to show cause; served on 12/2/05 (to MOATT) [05-35289] (HH) [Entered:
12/13/2005 02:49 PM]
12/19/2005 46 Received Appellant James Dalton Bell's notice of
attempted payment of docket fee; motion for ext to pay docket fee;
dated 12/14/05 [5670120] (to MOATT) [05-35289] (HH) [Entered:
12/22/2005 03:16 PM]
01/04/2006 49 Filed order MOATT (EO) Aplt's motion for an ext of
time to pay the docketing and filing fees is GRANTED. [46] Within 21
days after the filing date of this order, aplt shall pay $255.00 to
the DC as the docketing and filing fees for this appeal and file proof
of payment with this court. Failure to pay the fees will result in the
automatic dismissal of the appeal by the clerk for failure to
prosecute, regardless of further filings. See 9th Cir.R. 42-1. If aplt
pays the fees as required and files proof of such payment in this
court, aplt's 12/6/05 response to the court's order to show cause will
be considered. Briefing remains suspended pending further order of
this court. [05-35289] (HH) [Entered: 01/04/2006 09:56 AM]
01/13/2006 50 Received notification from District Court re payment
of docket fee. ( Date: 12/27/05) [05-35289] (HH) [Entered: 01/20/2006
02:46 PM]
01/23/2006 51 Received Appellant James Dalton Bell's notice and
request to clerks (to correct caption); dated 1/18/06 (no proof of
service to aples) [5704222] (to MOATT) [05-35289] (HH) [Entered:
01/26/2006 04:17 PM]
02/24/2006 53 FILED MEMORANDUM: A review of the record and aplt's
response to the 11/21/05 order to show cause indicates that the
questions raised in this appeal are so insubstantial as not to require
further argument...CITE. Accordingly, we summarily affirm the DC's
judgment. All pending motions are DENIED as moot. AFFIRMED. (
Terminated on the Merits after Submission Without Oral Hearing;
Affirmed; Written, Unsigned, Unpublished. Mary M. SCHROEDER, Alfred T.
GOODWIN, Johnnie B. RAWLINSON ) FILED AND ENTERED JUDGMENT. [05-35289]
(HH) [Entered: 02/24/2006 12:53 PM]
02/27/2006 54 Received Appellant James Dalton Bell's "notice of
continuing obstruction of this case," dated 2/18/06 (CASEFILES) (HH)
[Entered: 03/09/2006 05:18 PM]
03/20/2006 55 MANDATE ISSUED [05-35289] (HH) [Entered: 03/20/2006 11:45 AM]
01/08/2007 56 Rec'd notice of change of address from Appellant
James Dalton Bell, dated 1/1/07 (PO Box 7000, Florence, CO
81226-7000). (CASEFILES) [05-35289] (HH) [Entered: 01/09/2007 09:39
AM]