Case: Emrit v. Montevista Mental Hospital

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT against Montevista Mental Hospital- filed by Plaintiff Ronald Satish Emrit. Note: Plaintiff has listed 5108 Cornelias Prospect Drive, Bowie, MD 20720 as his address by his signature and 6655 38th Lane East, Sarasota, FL 34243 on the mailing envelope. (Attachments: # 1 Mailing Envelope) (jo) (Entered: 11/16/2018)

1 Mailing Envelope

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CIVIL Cover Sheet by Plaintiff Ronald Satish Emrit. (jo,) (Entered: 11/16/2018)

Application to Proceed in District Court Without Prepaying Fees or Costs by Plaintiff Ronald Satish Emrit (jo) (Entered: 11/16/2018)

Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 1/21/2019 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 11/15/2018. (Attachments: # 1 Memo from Clerk Re: Corporate Disclosure Statement) (jo)COURT'S CERTIFICATE of Service - Intake Staff mailed a copy of the Order Setting Rule 16 Scheduling Conference and copies of the Complaint and IFP application to Plaintiff Ronald Satish Emrit at the following address: 6655 38th Lane East, Sarasota, FL 34243 on November 15, 2018 (address referenced on mailing envelope). Additionally, copies were mailed to Mr. Emrit at the following addresses: 5108 Cornelias Prospect Drive, Bowie, MD 20720 (referenced on page 5 of Complaint) and 4529 Townwall Street, Las Vegas, NV 89115 (identified as Plaintiff's "current" mailing address on page 2 of the Complaint) on November 16, 2018. (Entered: 11/16/2018)

Civil Waiver of Service Packet - Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: # 1 Notice of a Lawsuit and Request to Waive Service of Summons # 2 AO 398 Waiver of Service of Summons) (jo) COURT'S CERTIFICATE of Service - Intake Staff mailed a copy of the Civil Waiver of Service Packet to Plaintiff Ronald Satish Emrit at the following address: 6655 38th Lane East, Sarasota, FL 34243 on November 15, 2018 (address referenced on mailing envelope). Additionally, copies were mailed to Mr. Emrit at the following addresses: 5108 Cornelias Prospect Drive, Bowie, MD 20720 (referenced on page 5 of Complaint) and 4529 Townwall Street, Las Vegas, NV 89115 (identified as Plaintiff's "current" mailing address on page 2 of the Complaint) on November 16, 2018. (Entered: 11/16/2018)

Mail Returned as Undeliverable. Mail sent to Ronald Satish Emrit at 6655 38th Lane East, Sarasota, FL 34243 returned undeliverable. (Attachments: # 1 Complaint, # 2 Civil Cover Sheet, # 3 Rule 16 Scheduling Order and Corporate Disclosure Memo, # 4 IFP Application, # 5 Civil Waiver of Service Packet) (emt, ) (Entered: 11/30/2018)

FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF'S APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS AND DISMISS THE COMPLAINT WITHOUT PREJUDICE re 1, 3 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/21/2018. (emt, )COURT'S CERTIFICATE of Service - Ronald Satish Emrit served by First Class Mail to the following addresses: 4529 Townwall Street, Las Vegas, NV 89115, 6655 38th Lane East, Sarasota, FL 34243 and 5108 Cornelias Prospect Drive, Bowie, MD 20720 on December 21, 2018. (Entered: 12/21/2018)

Copy of Findings and Recommendation, ECF 7 addressed to Ronald Satish Emrit at 3 different addresses Returned as Undeliverable. (Attachments: Mail addressed to the following addresses returned: 4529 Townwall Street address, AND: # 1 5108 Cornelias Prospect Drive address, # 2 6655 38th Lane East Address) (afc) (Entered: 12/26/2018)

Mail Returned as Undeliverable. Mail sent to Ronald Satish Emrit at 4529 Townwall Street, Las Vegas NV 89115 returned undeliverable. Documentation returned: Copy of 1 Complaint, 2 Civil Coversheet, and 3 Application to Proceed in District Court without Prepaying Fees or Costs. (afc) (Entered: 12/31/2018)

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION re: 7 . Signed by JUDGE ALAN C. KAY on 1/7/2019. (afc) Order adopts the "Findings and Recommendation to Grant Plaintiff's Application to Proceed in District Court without Prepaying Fees or Costs and Dismiss the Complaint without Prejudice." (Entered: 01/07/2019)

JUDGMENT IN A CIVIL CASE re: Orders 7, 10 . (afc) (Entered: 01/07/2019)

COURT'S CERTIFICATE of Service upon Plaintiff Ronald Satish Emrit re: Service of the "ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION" filed as ECF 10, and service of the "JUDGMENT IN A CIVIL CASE" filed as ECF 11 . In light of the unsuccessful service attempts by first class mail addressed to Mr. Emrit at various mailing addresses, Mr. Emrit was served electronically via Notice of Electronic Filing ("NEF") at the e-mail addresses as included in his complaint: einsteinrockstar2@outlook.comandeinsteinrockstar@hotmail.com(afc)

NOTICE OF APPEAL - by Ronald Satish Emrit. Filing fee DUE. (Attachments: # 1 Mailing Envelope) Docket Text Modified on 3/11/2019 (jo) (Entered: 03/11/2019)

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ORDER of USCA as to 13 Notice of Appeal filed by Ronald Satish Emrit; 9CCA No. 19-15435 This court has reviewed the notice of appeal filed March 8, 2019 in the above-referenced district court docket pursuant to the pre-filing review order entered in docket No. 15-80221. Because this court lacks jurisdiction over this appeal, it shall not be permitted to proceed. See 28 U.S.C. § 2107(a); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); see also In re Thomas, 508 F.3d 1225 (9th Cir. 2007). Appeal No. 19-15435 is therefore dismissed. This order, served on the district court for the District of Hawaii, shall constitute the mandate of this court. No motions for reconsideration, rehearing, clarification, stay of the mandate, or any other submissions regarding this order shall be filed or entertained. DISMISSED. (jo)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 05/31/2019)