Free Order of 9th Circuit - District Court of Arizona - Arizona

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UNITED STATES COURT OF APPEALS F | L E D
FOR THE NINTH CIRCUIT OCT 2 0 2005 g
cmu A. cmsnsou. crm
U.S. COURT or APPEALS
BARRY NORTHCROSS PATTERSON, No. 05-16168
Plaintiff ·· Appellant, D.C. No. CV—03-02177-PGR
District of Arizona,
v. Phoenix
DORA SCHRIRO, sued in individual and
official capacity; et al., Ie ORDER _ - - ‘ · .
Defendants - Appellees.
Before: Peter L. Shaw, Appellate Commissioner
The Clerk’s October 6, 2005 order dismissing this appeal for failure to
prosecute is vacated as issued in error. This appeal is reinstated.
Appellant Barry Northcross Patterson, prison identification number 117045,
has been granted leave to proceed in forma pauperis in this appeal and has _
completed and filed themrequired authorization form directing the appropriate
prison officials to assess, collect, and forward to the district court the filing and
docketing fees for this appeal pursuant to 28 U.S.C. § l915(b)(1) and (2). This
court hereby assesses an initial filing fee of 20 percent of the greater of (A) the
average monthly deposits to the prisoner’s account; or (B) the average monthly
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is 05—16l68 _
balance in the prisoner’s account for the six-month period immediately preceding
the tiling of the June 17, 2005 notice of appeal. A
The Clerk shall serve this order and appellant’s completed authorization
g form on the Attomey General for the State of Arizona, 1275 West Washington
Street, Phoenix, Arizona 85007, Attention: Jan Dyer, who shall notify the
appropriate agency or prison authority responsible for calculating, collecting, and
forwarding the initial payment assessed in this order and for assessing, collecting,
and forwarding the remaining monthly payments of the fee to the district court for
p this appeal. See 28 U.S.C. § 19l5(b)(2). Each payment should be accompanied
_ by the district court and appellate docket numbers for this appeal and a record of
previous payments made for this appeal.
The Clerk shall also serve a copygof this order on the clerk and the financial
rmit of the district court. _- B- _ _ S
Appellant’s motion to file the opening brief late is granted. The Clerk shall
file the opening brief received on October 3, 2005. Appellant’s "Motion for an
Immediate Injunction for Mail Relief’ is denied as moot because the opening brief
has been filed.
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05-16168
The answering brief is due November 23, 2005. The optional reply brief is
due 14 days after service of the answering brief
. r 6.3(e)
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Case 2:03—cv—02177-PGR-VAI\/I Document 56 Filed 10/28/2005 Page 3 of 4

SEP ° 7 ms 1=·R1soNER AUTHORIZATION FORM
RED
I, Bgy Northcross Patterson , am the appellant in Patterson v. Schriro,
e;g_, docket number 05-16168 .
I understand that I am required by statute to pay the full amount ofthe $255
docketing and tiling fees for this appeal, regardless of my forma pauperis status,
and regardless of the disposition of this appeal. I hereby authorize the prison
officials at this institution to assess, collect, and forward to the district court the
full amount of these fees, in monthly increments based on 20 percent of the
average of deposits to or balance in my prison trust account. I understand that I
am not responsible for payment when there are no deposits or funds in my trust
account, but that payments will resume when such deposits are made or funds are
otherwise available.
l _ NAME rb! giqriiuggs Kdttrsvd
· SIGNATURE g~;·¤ QJEQ. p
. PRISONER I.D. NO. [ l'70$.S' - I
DOCKET NO. OS`- /G/6 2'
ADDRESS Arm: - 6/M¤··€i~·4
» /?&»w 4% S’Izsa·32¤¤ p
DATE r/3//or
PRO SE UNIT
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