General Docket
US Court of
Appeals for the Ninth Circuit Court of Appeals Docket #: 05-16637 Filed: 8/30/05
Nsuit: 3950 Constitutional state stat(Fed)
Berry v. State of California, et al
Appeal from: Eastern District of California (Sacramento)
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Case type information:
1) civil
2) private
3)
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Lower court information:
District: 0972-2 : CV-04-02580-KJM
presiding judge: Lawrence K. Karlton, Senior Judge
Date Filed: 12/6/04
Date order/judgment: 7/22/05
Date NOA filed: 8/15/05
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Fee status: paid
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Prior cases:
None
Current cases:
None
Docket as of January 4, 2007 11:17 pm Page 1
05-16637 Berry v. State of California, et al
KIM BERRY Kim Berry
Plaintiff - Appellant 916/xxx-xxxx
[NTC prs]
xxxxxxxxxxxxxxxxxxxxx
Citrus Heights, CA 95621
v.
STATE OF CALIFORNIA Susan Roche Oie
Defendant - Appellee 916/324-5345
[COR LD NTC]
CALIFORNIA ATTORNEY GENERAL'S
OFFICE
1300 "I" St.
Sacramento, CA 95814
CALIFORNIA STATE JUDICIARY Susan Roche Oie
Defendant - Appellee (See above)
[COR LD NTC]
BILL LOCKYER, Attorney General Susan Roche Oie
Defendant - Appellee (See above)
[COR LD NTC]
Docket as of January 4, 2007 11:17 pm Page 2
05-16637 Berry v. State of California, et al
KIM BERRY
Plaintiff - Appellant
v.
STATE OF CALIFORNIA; CALIFORNIA STATE JUDICIARY; BILL
LOCKYER, Attorney General
Defendants - Appellees
Docket as of January 4, 2007 11:17 pm Page 3
05-16637 Berry v. State of California, et al
8/30/05 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. CADS
SENT (Y/N): no. setting schedule as follows: appellant's
designation of RT is due 8/25/05; appellee's designation of
RT is due 9/6/05; appellant shall order transcript by
9/14/05; court reporter shall file transcript in DC by
10/17/05; certificate of record shall be filed by 10/24/05 ;
appellant's opening brief is due 12/1/05; appellees' brief
is due 1/2/06; appellants' optional reply brief is due 14
days from service of aples brief. [05-16637] (sf)
8/30/05 Filed attorney for Appellant Civil Appeals Docketing
Statement served on 8/14/05 (to CONFATT) [05-16637]
[05-16637] (sf)
8/31/05 Received Lawrence K. Karlton's notice of order of
transcript. RT ordered: 8/22/05; Payment date: 9/28/05;
Pages: 9; Expected completion: 9/28/05 [05-16637] (kkw)
9/2/05 Received certificate of record. RT filed in DC 2/24/05
[05-16637] (kkw)
9/16/05 Filed order (Deputy Clerk: jw) A review of the district
court docket reflects that aplt has not paid the docketing
and filing fees for this appeal. Within 21 days after the
date of this order, aplt shall: 1) file a mtn with this
court to proceed ifp; or2) pay $255 to the district court
as the docketing and filing fees for this appeal and
provide proof of payment to this court, or 3) otherwise
show cause why the appeal should not be dismissed for
failure to prosecute. If aplt fails to comply with this
order, the appeal will be dismissed automatically by the
Clerk under 9th Cir. R. 42-1. [05-16637] (kkw)
9/22/05 Filed Appellant's response to clerk order setting response
; served on 9/19/05 PROSE. [05-16637] (kkw)
9/29/05 Filed order (Deputy Clerk: jw) On 9/16/05, this court
issued an order directing aplt to pay the $255 docketing
and filing fees for this appeal. A review of the district
court record demonstrates that aplt has paid the docketing
and fioing fees. Accordingly, this court's 9/16/05 order to
show cause is discharged. The briefing scheduled
established by this court's 8/30/05 order shall remain in
effect. [05-16637] (kkw)
10/24/05 Received notice of constitutional challenge to Fed. Statute
from Aplt. PROSE. (kkw)
12/5/05 Filed original and 15 copies Appellant Kim Berry opening
brief ( Informal: No) 21 pages and five excerpts of record
; served on 11/25/05 [05-16637] (kkw)
Docket as of January 4, 2007 11:17 pm Page 4
05-16637 Berry v. State of California, et al
12/21/05 Filed original and 15 copies appellee State of California,
Ca. State Judiciary, Bill Lockyer's 19 pages brief, 1 vol.
Exc. ; served on 12/20/05 [05-16637] (kkw)
12/29/05 Filed original and 15 copies Kim Berry reply brief, (
Informal: No ) 14 pages; served on 12/26/05 [05-16637] (kkw)
12/29/05 Filed Appellant Kim Berry's motion (request) for oral
argument; served on 12/27/05 (to PROMO) [05-16637] (ru)
1/4/06 Calendar check performed [05-16637] (th)
1/5/06 Filed order (Deputy Clerk: tah PROMO) referring to panel
appellant's motion for oral argument, any response thereto,
and any future related filings. [5677606-1] [05-16637] (gar)
1/6/06 Case rejected from Circuit Mediation Program. (lw)
1/11/06 FILED CERTIFIED RECORD ON APPEAL: 1 CLERK'S RECORD.
[05-16637] (sd)
11/6/06 SUBMITTED TO SCREENING PANEL 432. ( Oral) [05-16637]
[05-16637] (th)
11/14/06 FILED MEMORANDUM DISPOSITION: AFFIRMED ( Terminated on the
Merits after Submission Without Oral Hearing; Affirmed;
Written, Unsigned, Unpublished. Edward LEAVY, Ronald M.
GOULD, Richard R. CLIFTON ) FILED AND ENTERED JUDGMENT.
[05-16637] (kkw)
11/27/06 [6016861] Filed original and 3 copies Appellant Kim Berry
petition for rehearing, (STAFF) 8 p.pages, served on
11/24/06 [05-16637] (gar)
12/27/06 Filed order ( Edward LEAVY, Ronald M. GOULD, Richard R.
CLIFTON, ): The petition for panel rehearing is denied.
[05-16637] (kkw)
1/4/07 MANDATE ISSUED [05-16637] (kkw)
Docket as of January 4, 2007 11:17 pm Page 5
