Free Transmission of Notice of Appeal and Docket Sheet to USCA - District Court of California - California

Case 3:08-cv-01618-PJH

Document 52

Filed 08/19/2008

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UNITED STATES DISTRICT COURT Northern District of California 450 Golden Gate Avenue San Francisco, California 94102

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www.cand.uscourts.gov Richard W. Wieking Clerk General Court Number 415.522.2000

August 19, 2008 Clerk U.S. Court of Appeals For the Ninth Circuit P.O. Box 193939 San Francisco, CA 94119-3939 CASE NUMBER: CV 08-1618 PJH CASE TITLE: Whitaker v. Alameda County Superior Court USCA Case Number: Dear Sir/Madam: Enclosed is the Notice of Appeal in the above captioned case. Please acknowledge receipt on the enclosed copy of this letter and return it to this office.

Sincerely, RICHARD W. WIEKING, Clerk

by: Felicia Reloba Case Systems Administrator

cc: Counsel of Record

Case 3:08-cv-01618-PJH

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UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NOTICE OF APPEAL NOTIFICATION FORM Please Fill Out Completely August 19, 2008 CASE INFORMATION: Short Case Title: Whitaker v. Alameda County Superior Court Court of Appeals No. (leave blank if a unassigned) U.S. District Court, Division & Judge Name: Northern District of California, Civil Division, Judge Hamilton Criminal and/or Civil Case No.: CV-08-1618 PJH Date Complaint/Indictment/Petition Filed: 3/26/08 Date Appealed order/judgment entered 7/22/08 Date NOA filed 8/19/08 Date(s) of Indictment Plea Hearing Sentencing COA Status (check one): 9 granted in full (attach order) 9 granted in part (attach order) 9 denied in full (send record) 9 pending

Court Reporter(s) Name & Phone Number: NONE Magistrate Judge's Order? If so, please attach. FEE INFORMATION Date Docket Fee Paid: Date Docket Fee Billed: Date FP granted: 4/22/08 Date FP denied: Was FP limited 9? Revoked 9? Is FP pending? 9 yes 9 no US Government Appeal? 9 yes 9 no Companion Cases? Please list: Please attach copy of any order granting, denying or revoking FP. COUNSEL INFORMATION (Please include email address) Appellate Counsel: Appellee Counsel: SEE DOCKET SHEET 9 retained 9 CJA 9 FPD 9 Pro Se 9 Other DEFENDANT INFORMATION Prisoner ID: Custody: Bail:

Please attach appointment order. Address:

AMENDED NOTIFICATION INFORMATION Date Fees Paid: 9th Circuit Docket Number:

Name & Phone Number of Person Completing this Form: Felicia Reloba 415-522-2000

Case 3:08-cv-01618-PJH

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CAND-ECF Case 3:08-cv-01618-PJH Document 52-4 Filed 08/19/2008 Page 1 of 6

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ADRMOP, APPEAL, CLOSED, E-Filing, ProSe

U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:08-cv-01618-PJH Internal Use Only

Whitaker v. Alameda County Superior Court et al Assigned to: Hon. Phyllis J. Hamilton Demand: $0 Cause: 28:1331 Fed. Question

Date Filed: 03/26/2008 Date Terminated: 07/22/2008 Jury Demand: None Nature of Suit: 950 Constitutional - State Statute Jurisdiction: Federal Question

Plaintiff Fred A. Whitaker represented by Fred A. Whitaker 872 69th Ave Oakland, CA 94621 (510) 569-1343 PRO SE

V. Defendant Alameda County Superior Court represented by Thomas A. Blake State Attorney General's Office 455 Golden Gate Avenue Suite 11000 San Francisco , CA 94102-3664 415-703-5506 Fax: 415-703-5480 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant San Francisco County Superior Court City & County of San Francisco Defendant Judge Roesch represented by Thomas A. Blake (See above for address) ATTORNEY TO BE NOTICED represented by Thomas A. Blake (See above for address) ATTORNEY TO BE NOTICED

Defendant

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Judge Northridge

represented by Thomas A. Blake (See above for address) ATTORNEY TO BE NOTICED

Defendant Judge Morris represented by Thomas A. Blake (See above for address) ATTORNEY TO BE NOTICED

Defendant Judge Ballati represented by Thomas A. Blake (See above for address) ATTORNEY TO BE NOTICED

Defendant Judge Hernandez represented by Thomas A. Blake (See above for address) ATTORNEY TO BE NOTICED

Date Filed 03/26/2008

# 1

Docket Text CIVIL COMPLAINT for Declaratory Relief - [No Summons Issued] against Alameda County Superior Court, San Francisco County Superior Court, Judge Roesch, Judge Northridge, Judge Morris, Judge Ballati & Judge Hernandez, [Filing Fee: Ifpp Entered on 3/26/2008] Filed by Pro se Plaintiff Fred A. Whitaker. (tn, COURT STAFF) (Filed on 3/26/2008) (Entered: 03/27/2008) ADR SCHEDULING ORDER: Joint Case Management Statement due 6/30/2008 & InitialCase Management Conference set for 7/7/2008 at 4:00 PM.. (Attachments: #(1) BZ Standing Order). (tn, COURT STAFF) (Filed on 3/26/2008) (Additional attachment(s) added on 3/27/2008: # 2 Standing Order for All Judges) (tn, COURT STAFF). (Entered: 03/27/2008) APPLICATION for Leave to Proceed in Forma Pauperis Filed by Pro se Plaintiff Fred A. Whitaker. (tn, COURT STAFF) (Filed on 3/26/2008) (Entered: 03/27/2008) CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF) (Entered: 03/27/2008) 4 ORDER re: In Forma Pauperis Application Signed by Mag. Judge Bernard Zimmerman on 4/4/2008: Plaintiff is Ordered to complete the attached Application and file it by 4/30/2008. (tn, COURT STAFF) (Filed on 4/4/2008) (Entered: 04/07/2008) APPLICATION for Leave to Proceed in Forma Pauperis Filed by Pro se PlaintiffFred A. Whitaker. (tn, COURT STAFF) (Filed on 4/11/2008) (Entered: 04/14/2008) ORDER TO SHOW CAUSE Show Cause Response due by 5/15/2008.. Signed by Magistrate Judge Bernard Zimmerman on 4/22/2008. (bzsec, COURT STAFF) (Filed on 4/22/2008) (Entered: 04/22/2008) ORDER Signed by Mag. Judge Bernard Zimmerman on 4/24/2008 GRANTING re 5 & 3 Plaintiff's Application for Leave to Proceed in Forma Pauperis & for Issuance of

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Summons Upon Defendants. (tn, COURT STAFF) (Filed on 4/22/2008) (Entered: 05/12/2008) 04/30/2008 8 OPPOSITION to re 6 Court's Order to Show Cause Filed by Pro se PlaintiffFred A. Whitaker. (Related document(s) 6 ). (tn, COURT STAFF) (Filed on 4/30/2008) (Entered: 05/01/2008) ORDER DEFERRING DETERMINATION OF ORDER TO SHOW CAUSE. Signed by Magistrate Judge Bernard Zimmerman on 5/2/2008. (bzsec, COURT STAFF) (Filed on 5/2/2008) (Entered: 05/02/2008) CLERK'S NOTICE: Proof of service on pro se plaintiff of Order Deferrring Determination of Order To Show Cause. (bzsec, COURT STAFF) (Filed on 5/2/2008) (Entered: 05/02/2008) SUMMONS Issued as to Defendants Judge Roesch, Judge Northridge, Judge Morris, Judge Ballati & Judge Hernandez. (tn, COURT STAFF) (Filed on 5/12/2008) (Entered: 05/12/2008) SUMMONS Returned Executed Upon Defendant Judge Ballati Served Personally to Alisa Hollander, Secretary to the Presiding Judge on 5/28/2008. (tn, COURT STAFF) (Filed on 6/6/2008) (Entered: 06/08/2008) Letter re consent from Lashanda Scott. (ls, COURT STAFF) (Filed on 6/9/2008) (Additional attachment(s) added on 6/9/2008: # 1 Consent/Decline Forms) (ls, COURT STAFF). (Additional attachment(s) added on 6/9/2008: # 2 Certificate of Service) (ls, COURT STAFF). (Entered: 06/09/2008) SUMMONS Returned Executed Upon Defendant Judge Northridge Served Personally to Christina Martinez on 6/3/2008. (tn, COURT STAFF) (Filed on 6/13/2008) (Entered: 06/16/2008) SUMMONS Returned Unexecuted Upon The Board of Supervisors, County of Alameda. (tn, COURT STAFF) (Filed on 6/13/2008) (Entered: 06/16/2008) SUMMONS Returned Unexecuted Upon The Administrative Office of the Court for the City & County of San Francisco. (tn, COURT STAFF) (Filed on 6/13/2008) (Entered: 06/16/2008) CONSENT to Proceed Before a US Magistrate Judge by Fred A. Whitaker. (ls, COURT STAFF) (Filed on 6/17/2008) (Entered: 06/17/2008) NOTICE by San Francisco County Superior Court Notice Of Hearing; Motion To Dismiss Complaint {Rule 12(B) F.R.C.P.]; Memorandum Of Points And Authorities In Support; Request For Judicial Notice (Attachments: # 1 Exhibit Exhibits A - B, # 2 Exhibit Exhibits C - J)(Blake, Thomas) (Filed on 6/18/2008) (Entered: 06/18/2008) MOTION to Reassign Case Request For Reassignment To A United States District Judge filed by San Francisco County Superior Court. (Blake, Thomas) (Filed on 6/18/2008) (Entered: 06/18/2008) CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (sv, COURT STAFF) (Filed on 6/19/2008) (Entered: 06/19/2008) ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Phyllis J. Hamilton for

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all further proceedings. Magistrate Judge Bernard Zimmerman no longer assigned to the case. Signed by Executive Committee on 6/19/08. (ha, COURT STAFF) (Filed on 6/19/2008) (Entered: 06/19/2008) 06/19/2008 (Court only) ***Motions terminated: 19 MOTION to Reassign Case Request For Reassignment To A United States District Judge filed by San Francisco County Superior Court. (far, COURT STAFF) (Filed on 6/19/2008) (Entered: 06/20/2008) (Court only) ***Deadlines terminated. (far, COURT STAFF) (Filed on 6/19/2008) (Entered: 06/20/2008) 22 NOTICE OF HEARING; MOTION FOR PRE-FILING REVIEW; REQUEST FOR JUDICIAL NOTICE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Roesch, Northridge, Alameda County Superior Court, Morris, Ballati, Hernandez, San Francisco County Superior Court. Motion Hearing set for 7/30/2008 09:00 AM in Courtroom 3, 17th Floor, San Francisco. (Blake, Thomas) (Filed on 6/25/2008) Modified on 6/26/2008 (far, COURT STAFF). (Entered: 06/25/2008) EXHIBITS A-B re 22 NOTICE OF HEARING; MOTION FOR PRE-FILING REVIEW; REQUEST FOR JUDICIAL NOTICE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Roesch, Northridge, Alameda County Superior Court, Morris, Ballati, Hernandez, San Francisco County Superior Court. (Related document(s) 22 ) (Blake, Thomas) (Filed on 6/25/2008) Modified on 6/26/2008 (far, COURT STAFF). (Entered: 06/25/2008) EXHIBITS C-J re 22 NOTICE OF HEARING; MOTION FOR PRE-FILING REVIEW; REQUEST FOR JUDICIAL NOTICE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed byRoesch, Northridge, Alameda County Superior Court, Morris, Ballati, Hernandez, San Francisco County Superior Court. (Related document(s) 22 ) (Blake, Thomas) (Filed on 6/25/2008) Modified on 6/26/2008 (far, COURT STAFF). (Entered: 06/25/2008) PROOF OF SERVICE re 22 NOTICE OF HEARING; MOTION FOR PRE-FILING REVIEW; REQUEST FOR JUDICIAL NOTICE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Roesch, Northridge, Alameda County Superior Court, Morris, Ballati, Hernandez, San Francisco County Superior Court. (Blake, Thomas) (Filed on 6/25/2008) Modified on 6/26/2008 (far, COURT STAFF). (Entered: 06/25/2008) NOTICE OF HEARING; MOTION TO DISMISS COMPLAINT [RULE 12(B) F.R.C.P.]; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT; REQUEST FOR JUDICIAL NOTICE filed by Roesch, Northridge, Alameda County Superior Court, Morris, Ballati, Hernandez, San Francisco County Superior Court. Motion Hearing set for 7/30/2008 09:00 AM in Courtroom 3, 17th Floor, San Francisco. (Attachments: # 1 Exhibit EXHIBITS A-B, # 2 Exhibit EXHIBITS C-J, # 3 DECLARATION OF SERVICE BY U.S. MAIL)(Blake, Thomas) (Filed on 6/25/2008) Modified on 6/26/2008 (far, COURT STAFF). (Entered: 06/25/2008) SUMMONS Returned Executed as to Judge Roesch served on 6/3/2008, answer due 6/23/2008. (far, COURT STAFF) (Filed on 6/27/2008) (Entered: 07/02/2008) SUMMONS Returned Executed as to Judge Hernandez served on 6/13/2008, answer due

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7/3/2008. (far, COURT STAFF) (Filed on 6/30/2008) (Entered: 07/02/2008) 06/30/2008 07/17/2008 29 30 SUMMONS Returned Executed as to Judge Morris served on 6/19/2008, answer due 7/9/2008. (far, COURT STAFF) (Filed on 6/30/2008) (Entered: 07/02/2008) EX PARTE MOTION TO CONTINUE re 26 NOTICE OF HEARING; MOTION TO DISMISS COMPLAINT [RULE 12(B) F.R.C.P.] filed by Fred A. Whitaker. Motion Hearing set for 7/30/2008 09:00 AM in Courtroom 3, 17th Floor, San Francisco. (far, COURT STAFF) (Filed on 7/17/2008) (Entered: 07/21/2008) (Court only) ERRONEOUSLY E-FILED, WRONG CASE, DISREGARD Fourth Opposition; MOTION to grant income process filed by Fred A. Whitaker. (far, COURT STAFF) (Filed on 7/17/2008) Modified on 7/21/2008 (far, COURT STAFF). (Entered: 07/21/2008) (Court only) ***Motions terminated: 31 MOTION to grant income filed by Fred A. Whitaker. (far, COURT STAFF) (Filed on 7/17/2008) (Entered: 07/21/2008) 32 ORDER by Judge Hamilton granting 26 Motion to Dismiss; denying 30 Ex Parte Application (pjhlc1, COURT STAFF) (Filed on 7/22/2008) (Additional attachment(s) added on 7/22/2008: # 1 Certificate of Service) (nah, COURT STAFF). (Entered: 07/22/2008) ORDER by Judge Hamilton granting 22 Motion for Prefiling Order (pjhlc1, COURT STAFF) (Filed on 7/22/2008) (Additional attachment(s) added on 7/22/2008: # 1 Certificate of Service) (nah, COURT STAFF). (Entered: 07/22/2008) JUDGMENT. Signed by Judge Hamilton on 7/22/2008. (pjhlc1, COURT STAFF) (Filed on 7/22/2008) (Additional attachment(s) added on 7/22/2008: # 1 Certificate of Service) (nah, COURT STAFF). (Entered: 07/22/2008) (Court only) ***Civil Case Terminated. (far, COURT STAFF) (Filed on 7/22/2008) (Entered: 07/23/2008) 36 37 Received Document: Amended Complaint by Fred A. Whitaker. (ga, COURT STAFF) (Filed on 7/25/2008) (Entered: 08/04/2008) NOTICE and MOTION for New Trial and MOTION to Set Aside Court Order filed by Fred A. Whitaker. Motion Hearing set for 9/10/2008 09:00 AM. (far, COURT STAFF) (Filed on 7/25/2008) (Entered: 08/04/2008) Opposition to 26 Motion to Dismiss filed byFred A. Whitaker. (far, COURT STAFF) (Filed on 7/25/2008) (Entered: 08/04/2008) FIRST DECLARATION of Fred A. Whitaker in Opposition to 26 Motion to Dismiss filed byFred A. Whitaker. (far, COURT STAFF) (Filed on 7/25/2008) (Entered: 08/04/2008) SECOND DECLARATION of Fred A. Whitaker in Opposition to 26 Motion to Dismiss filed byFred A. Whitaker. (far, COURT STAFF) (Filed on 7/25/2008) (Entered: 08/04/2008) OPPOSITION to 22 Motion for Prefiling Order filed byFred A. Whitaker. (far, COURT STAFF) (Filed on 7/25/2008) (Entered: 08/04/2008)

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OPPOSITION to 26 Motion to Dismiss Under Rule 12(B) FRCP and Memorandum of Points and Authorities filed byFred A. Whitaker. (far, COURT STAFF) (Filed on 7/25/2008) (Entered: 08/04/2008) CERTIFICATE OF SERVICE by Fred A. Whitaker re 41 Memorandum in Opposition, 37 MOTION to Set Aside, 36 Received Document, 40 Declaration in Opposition, 39 Declaration in Opposition, 42 Memorandum in Opposition, 38 Memorandum in Opposition (far, COURT STAFF) (Filed on 7/25/2008) (Entered: 08/04/2008) AMENDED CERTIFICATE OF SERVICE by Fred A. Whitaker re 41 Memorandum in Opposition, 37 MOTION to Set Aside, 36 Received Document, 40 Declaration in Opposition, 39 Declaration in Opposition, 42 Memorandum in Opposition, 38 Memorandum in Opposition (far, COURT STAFF) (Filed on 7/25/2008) (Entered: 08/04/2008) OPPOSITION to 37 Motion to Set Aside Judgment and Order of Dismissal; Memorandum of Points and Authorities filed by Roesch, Northridge, Alameda County Superior Court, Morris, Ballati, Hernandez, San Francisco County Superior Court. (Blake, Thomas) (Filed on 7/31/2008) Modified on 8/4/2008 (far, COURT STAFF). (Entered: 07/31/2008) ORDER by Judge Hamilton denying 37 Motion for Reconsideration (pjhlc1, COURT STAFF) (Filed on 8/8/2008) (Additional attachment(s) added on 8/11/2008: # 1 Certificate of Service) (nah, COURT STAFF). (Entered: 08/08/2008) REPLY to 35 Opposition filed byFred A. Whitaker. (far, COURT STAFF) (Filed on 8/11/2008) (Entered: 08/12/2008) DECLARATION of Fred Whitaker in Support of 46 Reply to Opposition filed byFred A. Whitaker. (Related document(s) 46 ) (far, COURT STAFF) (Filed on 8/11/2008) (Entered: 08/12/2008) Opposition to 45 Judges' Order Denying Motion for Relief from Judgment filed byFred A. Whitaker. (far, COURT STAFF) (Filed on 8/18/2008) (Entered: 08/19/2008) EX PARTE NOTICE AND MOTION for 30 Day Extension of Time after the 9/8/08 Deadline to File Appeal Notice filed by Fred A. Whitaker. (far, COURT STAFF) (Filed on 8/19/2008) (Entered: 08/19/2008) NOTICE OF APPEAL as to 33 Order on Motion for Hearing, 34 Judgment, 32 Order on Motion to Dismiss, Order on Ex Parte Application, 45 Order on Motion to Set Aside (Fee Status: IFP) by Fred A. Whitaker. (far, COURT STAFF) (Filed on 8/19/2008) (Entered: 08/19/2008)

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