Case: Marioneaux v. Colorado State Penitentiary

U.S. Court of Appeals for the Tenth Circuit

MOTION by plaintiff to enforce compliance under Rule 70 re: Fesgen (former empl) (Entered: 09/06/1990)

MOTION by plaintiff to enforce compliance under Rule 70 re: Fesgen (former empl)

MOTION by plaintiff to enforce compliance under Rule70 (former empl) (Entered: 09/06/1990)

MOTION by plaintiff to enforce compliance under Rule70 (former empl)

MINUTE ORDER : by Magistrate Donald E. Abram ...pla's motion for leave to permit Jack Chrisman to pursue his indiv claims in a seperate action is GRANTED (cc: all counsel) (lam) (Entered: 06/27/1990)

LETTER to court from Dalton L. Williams re allegations (lam) (Entered: 07/05/1990)

COURTROOM MINUTES by Magistrate Donald E. Abram; Hearing on Rule 70 Mtn at Colo Territorial Correctional Facility ; Witnesses; exhibits; Matter taken under advisement (lam) (Entered: 08/29/1990)

COURTROOM MINUTES by Magistrate Donald E. Abram ; Status Conf...csl to provide Magistrate with a proposed closing order by 8/31/90 (lam) (Entered: 08/29/1990)

STIPULATED filing of proposed order of closure (lam) (Entered: 09/14/1990)

MAGISTRATE'S RECOMMENDATION that Stipulation be granted and Order of Closure signed by Magistrate Donald E. Abram (cc: all counsel) (lam) (Entered: 09/20/1990)

ORDER of Closure by Chief Judge Sherman G. Finesilver terminating case ; ...the terms of the earlier consent decree and all prior orders of the court remain in effect except to the extent that pla class members will not be required to go through plas' csl or the administrative procedures. The regulations currently in effect pertaining to classification, discipline, and segregation shall remain in effect. Proposed changes that affect the rights of plas shall be made only after written ntc has been provided to plas' csl. The parties have previously settled among themselves the issue of atty's fees in this case up to 7/1/89. Any other request for fees and costs must be filed not later than 30 days from the date of this Order. Notification of the terms of this Order shall be made to the inmate class by posting written ntc in each living unit of all DOC and contract facilities. Within 10 days following the court's execution of this Order, Plas' csl shall provide dfts' csl with a list of inmate claims rec'd prior to this Order. The parties will attempt to resolve these claims by negotiation within 45 days thereafter. All claims which remain unresolved at the end of that period will be removed from the prior process and the inmate will be allowed to immediately proceed on his own....this case shall not be reopened except upon mtn by csl and showing of good cause...this case shall be deemed closed and removed from the active docket, except for those procedures set forth in Order and directed to the resolution of outstanding claims and atty's fees (cc: all counsel) (lam) Modified on 10/22/1990 (Entered: 10/22/1990)

MAGISTRATE'S RECOMMENDATION that Carl Fesgen's Rule 70 mtn be granted by Magistrate Donald E. Abram (cc: all counsel) (lam) (Entered: 10/19/1990)

MOTION by plaintiff Terrance Marioneaux, plaintiff Robert Dotson for ext of time to 12/3/90 in which to comply with order of closure (lam) (Entered: 11/01/1990)

ORDER by Chief Judge Sherman G. Finesilver granting motion for ext of time to 12/3/90 in which to comply with order of closure [9-1]; that prior to 11/27/90 plas' csl shall provide to dfts' csl a list of inmate claims rec'd prior to the date of the court's Order of closure, the parties shall attempt to resolve those claims by negotiation within 45 days thereafter. All claims which remain unresolved at the end of that period will be moved from the prior process and the inmate will be allowed to immediately proceed on his own. That plas shall file their mtn for attys fees and costs no later that 12/3/90. No further exts re [8-2] (cc: all counsel) (lam) (Entered: 11/06/1990)

MOTION by plaintiff Randy Larsen for order scheduling hearing under Rule 70 FRCP seeking enforcement of the consent decree (lam) (Entered: 11/09/1990)

MINUTE ORDER : by Magistrate Donald E. Abram re motion for order scheduling hearing under Rule 70 FRCP seeking enforcement of the consent decree [11-1]; pursuant to the order of closure case has been closed. Petitioner is authorized to proceed by filing an original complaint (cc: all counsel) (lam) (Entered: 11/15/1990)

ORDER by Chief Judge Sherman G. Finesilver ;Adopting MAGISTRATE'S RECOMMENDATION that Carl Fesgen's Rule 70 mtn be granted [7-1]; Mr. Fesgen's record be expunged of the June, 1987 disciplinary violation (cc: all counsel) (lam) (Entered: 11/30/1990)

MOTION by plaintiff class of inmates for attorney fees, and for costs with supporting authorities (lam) (Entered: 12/04/1990)

MINUTE ORDER : by Chief Judge Sherman G. Finesilver re [14-1], re [14-2]; dfts have up to and including 12/26/90 to respond. No reply brief will be accepted (cc: all counsel) (lam) (Entered: 12/05/1990)

OBJECTION by defendants to motion for attorney fees [14-1], motion for costs [14-2] (lam) (Entered: 12/26/1990)

MINUTE ORDER : by Chief Judge Sherman G. Finesilver re [14-1], re [14-2]; both parties are directed to file detailed statements of the travel costs and requested reductions of those costs on or before 1/17/91; pla is directed to respond to dfts' request for disallowance of telephone costs (cc: all counsel) (lam) (Entered: 01/09/1991)

NOTICE of settlement by plaintiffs, defendants; signed by plas csl (lam) (Entered: 01/17/1991)

MOTION by plaintiffs, defendants for ext of time until 2/28/91 to respond to court's order of 1/4/91 (lam) (Entered: 01/18/1991)

MINUTE ORDER : by Chief Judge Sherman G. Finesilver granting motion for ext of time until 2/28/91 to respond to court's order of 1/4/91 [19-1] re [14-1] (cc: all counsel) (lam) (Entered: 01/25/1991)

Joint NOTICE of Partial Settlement by plaintiffs, defendants (former empl) (Entered: 03/01/1991)

SUPPLEMENTAL by plaintiff Terrance Marioneaux, plaintiff Robert Dotson re motion for attorney fees [14-1], re motion for costs [14-2] with supporting authorities (former empl) (Entered: 03/01/1991)

MINUTE ORDER : by Chief Judge Sherman G. Finesilver re [22-1], re [21-1]; dfts are directed to respond to the Supplemental mtn on or before 3/20/91 (cc: all counsel) (lam) (Entered: 03/04/1991)

RESPONSE to supplemental mtn for attys fees by defendants (lam) (Entered: 03/21/1991)

MOTION by plaintiff Charles S. Sharrock to enforce compliance with existing consent decree re Steven Sharrock (lam) (Entered: 07/15/1991)

MINUTE ORDER : by Chief Judge Sherman G. Finesilver re [25-1]; dft are directed to respond on or before 7/30/91 to pla's mtn to enforce compliance with the existing Consent Decree re Steven Sharrock (cc: all counsel) ; entry date : 7/18/91 (lam) (Entered: 07/18/1991)

RESPONSE by defendant Colorado State Penit, defendant William Wilson, defendant Allen Ault, defendant Albert Urie to minute order of 7/17/91 [26-1] (lam) (Entered: 07/29/1991)

ORDER by Chief Judge Sherman G. Finesilver denying motion to enforce compliance with existing consent decree re Steven Sharrock [25-1] for lack of jurisdiction (cc: all counsel) ; entry date : 8/12/91 (lam) (Entered: 08/12/1991)

JOINT NOTICE by plaintiffs, defendants of final settlement ...the issue of attys fees has been settled ...there are no remaining issues to be resolved in this case (lam) (Entered: 10/24/1991)

ORDER returning exhibits/depositions by Chief Judge Sherman G. Finesilver: clerk shall return all exhibits and depositions..if they are not removed w/in 10 days the Clerk may destroy (cc: all counsel) ; entry date : 11/15/91 (lam) (Entered: 11/15/1991)

NOTICE by Deputy Clerk to University of CO to acknowledge receipt of plas exhibits (lam) (Entered: 11/21/1991)

RETURN OF EXHIBITS to dfts counsel (lam) (Entered: 12/02/1991)

MOTION by petitioner Bret Klein for order to show cause why dft should not be held in contempt for failing to adhere to the terms of the Consent Decree (nunc pro tunc 6/1/91) (lam) (Entered: 07/22/1993)

MINUTE ORDER : by Chief Judge Sherman G. Finesilver; the court is in receipt of petitioner Bret Klein's petition for OSC re [33-1]; dft has to 8/10/93 to respond to mtn (cc: all counsel) ; entry date : 8/3/93 (lam) (Entered: 08/03/1993)

RESPONSE by defendant Colorado State Penit to petition for order to show cause [33-1] (lam) (Entered: 08/11/1993)

REPLY by plaintiff Bret S. Klein to response to petition for order to show cause [33-1] (lam) (Entered: 08/17/1993)

MOTION by plaintiff Terrance Marioneaux, plaintiff Robert Dotson for leave to file (reply) brief on the issues presented to the Court by pla class member Klein's petition for OSC filed 7/22/93 and the response to petition submitted by dft (lam) (Entered: 09/02/1993)

MINUTE ORDER : by Chief Judge Sherman G. Finesilver granting David Miller's motion for leave to file (reply) brief [37-1]...mtn is granted for ltd purpose of filing brf on issues described in mtn, David Miller has up to and including 9/22/93 to file brf (cc: all counsel) ; entry date : 9/3/93 (former empl) (Entered: 09/03/1993)

NOTICE of petitioner Bret Klein, Pro Se change of address to #45752 - C.S.P. Unite E2 - P.O. Box 777 Canon City, CO 81215-0777 (lam) (Entered: 09/15/1993)

BRIEF by plaintiff Bret Klein in support of pla class member's motion for order to show cause filed 7/22/93 [33-1] (lam) (Entered: 09/23/1993)

MINUTE ORDER : by Chief Judge Sherman G. Finesilver; referring to Magistrate Judge Donald E. Abram the motion for order to show cause [33-1] filed 7/22/93 by pla calss member Bret Klien for purpose of recommendation by 2/1/94 (cc: all counsel) ; entry date : 1/12/94 (lam) (Entered: 01/12/1994)

MAGISTRATE'S RECOMMENDATION Klein's mtn be denied by Magistrate Judge Donald E. Abram re motion for order to show cause [33-1] (cc: all counsel) ; entry date : 1/14/94 (lam) (Entered: 01/14/1994)

ORDER by Judge Daniel B. Sparr: adopting [42-1] - Magistrate's Recommendation; denying pla's petition for order to show cause [33-1] (cc: all counsel) ; entry date : 2/17/94 (lam) (Entered: 02/17/1994)

MOTION by plaintiff Michael N. Milligan for contempt and enforcement FRCP 70 (lam) (Entered: 10/13/1994)

MINUTE ORDER : by Magistrate Judge Donald E. Abram denying motion for contempt and enforcement FRCP 70 [44-1]; this case has been closed; the pla has a right to file damages claims in the state court (cc: all counsel) ; entry date : 10/21/94 (lam) (Entered: 10/21/1994)

MOTION by plaintiff Michael N. Milligan for reconsideration Mag Judge's minute order [45-1] (document actually entitled written objections to and appeal of Magistrates Minute Order) (lam) (Entered: 10/31/1994)

MOTION (Request) by plaintiff Michael N. Milligan for ruling on pla's objs to & appeal of Magistrate's minute order (lam) (Entered: 01/20/1995)

ORDER by Judge John L. Kane denying motion for contempt and enforcement FRCP 70 [44-1] (cc: all counsel) ; entry date : 10/18/95 (former empl) (Entered: 10/18/1995)

MOTION by movants McSwain, Alvarez and Jaros for contempt of Marioneaux Consent Decree from enjoining dfts from reclassifying mov for programs placment (former empl) (Entered: 12/16/1996)

MINUTE ORDER : by Judge John L. Kane, pleadings may only be filed by cnsl of record, thus denying motion for contempt of Marioneaux Consent Decree from enjoining dfts from reclassifying mov for programs placment [49-1] (cc: all counsel) ; entry date : 12/26/96 (former empl) (Entered: 12/26/1996)

Amended MOTION by Don McSwain, Henry Alvarez, Douglas Jaros for a finding of contempt (former empl) (Entered: 12/30/1996)

MINUTE ORDER : by Judge John L. Kane striking motion for a finding of contempt [51-1] only cnsl of record may file pleadings (cc: all counsel) ; entry date 12/31/96 (former empl) (Entered: 12/31/1996)

MAIL Returned minute order [52-1] [52-1] addressed to Don McSwain (former empl) (Entered: 01/09/1997)

MAIL Returned minute order [52-1] [52-1] addressed to Don McSwain (former empl)

REQUEST by Barbara Salomon requesting to be removed from the certificate of mailing of this case & advising not an atty of record (lam) (Entered: 01/16/1997)

MOTION by movants Paul Luna Vasquez, Jeffrey R. Mulberry, and Walter Littlemoon for contempt of ct, and for injunction for violation of consent decree (former empl) (Entered: 01/28/1997)

MINUTE ORDER : by Judge John L. Kane denying motion for contempt of ct [54-1], denying motion for injunction for violation of consent decree [54-2] (cc: all counsel) ; entry date : 1/28/97 (former empl) (Entered: 01/28/1997)

MAIL Returned to atty Jonathon B. Chase, deceased from ACLU minute order [55-1] [55-1] (former empl) (Entered: 02/11/1997)

MAIL Returned to atty Jonathon B. Chase, deceased from ACLU minute order [55-1] [55-1] (former empl)

Tendered Jgm for Specific Act and Immed submitted by Paul Luna Vasquez (former empl)

MINUTE ORDER : by Judge John L. Kane pleadings in this action must be filed by cnsl (cc: all counsel) ; entry date : 3/3/97 (former empl) (Entered: 03/03/1997)

Petition (MOTION) by Michael R. Ingram for contempt citation (former empl) (Entered: 02/09/1998)

MINUTE ORDER by Judge John L. Kane denying motion for contempt citation [57-1]; motions may only be filed by counsel, not individual members of the class (cc: all counsel); entry date: 2/10/98 (former empl) (Entered: 02/10/1998)

MOTION by Michael R. Ingram for reconsideration of minute order [58-1] (former empl) (Entered: 02/23/1998)

MINUTE ORDER by Judge John L. Kane denying motion for reconsideration of minute order [58-1] [59-1] (cc: all counsel); entry date: 2/27/98 (former empl) (Entered: 02/27/1998)

NOTICE OF APPEAL by Michael R. Ingram in re: minute order [58-1] of 2/9/98 ; Notice mailed to all counsel on 3/31/98 Fee Status: $100 fee and $5 fee not paid (gms) (Entered: 03/31/1998)

ORDER to Cure Deficiency by Judge John L. Kane. Michael Ingram has 30 days to either pay filing fee or file 1915 motion regarding [61-1] appeal (cc: all counsel) ; entry date : 3/31/98 (gms) (Entered: 03/31/1998)

Case No. 98-1115 assigned by the Court of Appeals. [61-1] (gms) (Entered: 04/02/1998)

MOTION by Michael R. Ingram for order to hold appeal in abeyance, or for extension in which to respond to order to cure deficiency (gms) (Entered: 05/04/1998)

MINUTE ORDER : by Judge John L. Kane granting motion for order to hold appeal in abeyance [64-1] or extension in which to respond to order to cure deficiency [64-2] to 6/5/98. regarding [61-1] appeal (cc: all counsel) ; entry date : 5/8/98 (gms) (Entered: 05/08/1998)

Second MOTION by Michael R. Ingram to extend time to respond to order to cure deficiency (former empl) (Entered: 06/09/1998)

MINUTE ORDER : by Judge John L. Kane granting motion to extend time to respond to order to cure deficiency [66-1] to 7/8/98 (cc: all counsel) ; entry date : 6/10/98 (former empl) (Entered: 06/10/1998)

Third MOTION by Michael R. Ingram to extend time to respond to order to cure deficiency (former empl) (Entered: 07/10/1998)

MINUTE ORDER : by Judge John L. Kane granting pltf's 3rd motion to extend time to respond to order to cure deficiency [68-1] to 8/14/98. regarding [62-1] order, regarding [61-1] appeal (cc: all counsel) ; entry date : 7/15/98 (gms) (Entered: 07/15/1998)

4th MOTION by Michael R. Ingram for extension of time in which to respond to order to cure deficiency to 9/9/98 (gms) (Entered: 08/12/1998)

MINUTE ORDER : by Judge John L. Kane granting motion for extension of time in which to respond to order to cure deficiency to 9/9/98 [70-1] (cc: all counsel) ; entry date : 8/12/98 (gms) (Entered: 08/12/1998)

Petition (MOTION) by Michael R. Ingram for memo opinion & order concerning the closure of Marioneaux (former empl) (Entered: 08/17/1998)

ORDER by Judge John L. Kane granting in part, denying in part, the motion for memo opinion & order concerning the closure of Marioneaux [72-1] regarding [8-2] order of closure (cc: all counsel); entry date: 8/24/98 (former empl) (Entered: 08/24/1998)

LETTER (Re: [61-1] ) to USC advising that appellant has failed to cure deficiency by either paying the filing fee or by filing a 1915 motion. (gms) (Entered: 09/15/1998)

MOTION by Richard A. Hernandez for order directing dfts to comply w/settlement (former empl) (Entered: 10/19/1998)

ORDER by Judge John L. Kane denying motion for order directing dfts to comply w/settlement [75-1]; clerk to mail prisoner's 1915 motion & afdt and prisoner's complaint (cc: all counsel); entry date: 10/27/98 (note: forms mailed to Mr. Hernandez 10/27/98) (former empl) (Entered: 10/27/1998)

MANDATE from the Court of Appeals; CA # 98-1115; Dt issued 11/3/98; dismissing the appeal [61-1] for lack of prosecution. (former empl) (Entered: 11/04/1998)

STATEMENT by Manuel Depineda *actually titled "Motion for subpoena/contempt order purs to FRCivP Rule 4.1(b)..." (dlb) (Entered: 12/08/2003)

STATEMENT by Robert M. Wisthoff *actually titled "Motion for subpoena/contempt of court orders..." (dlb) (Entered: 12/08/2003)

Tendered Prisoner Complaint submitted by Orley Kim Brock (dlb) (Entered: 12/10/2003)

Tendered Prisoner Complaint submitted by Orley Kim Brock (dlb)

ORDER by Judge John L. Kane regarding [79-1] statement filed by Robert M. Wisthoff (cc: all counsel) ; entry date : 12/19/03 (dlb) (Entered: 12/19/2003)

ORDER by Judge John L. Kane regarding [78-1] statement filed by Manuel S. DePineda (cc: all counsel) ; entry date : 12/19/03 (dlb) (Entered: 12/19/2003)

MOTION by Steven McCary for order re: enjoins himself and for subpoena/contempt (dlb) (Entered: 01/05/2004)

ORDER by Judge John L. Kane denying motion for order re: enjoins himself and for subpoena/contempt [82-1] (cc: all counsel) ; entry date : 1/8/04 (dlb) (Entered: 01/08/2004)

MOTION by unknown Michael Bath for order to enjoin himself for Subponea/contempt (dlb) (Entered: 01/15/2004)

ORDER by Judge John L. Kane denying the relief sought in the Order to Show Cause Pursuant to Orders and Dispositions (motion for order to enjoin himself for Subponea/contempt) [84-1] (cc: all counsel) ; entry date : 1/26/04 (gms) (Entered: 01/26/2004)

MOTION by Lonnie D. Scaggs for order enjoining Motion: subpoena/contempt (dlb) (Entered: 03/23/2004)

MOTION by Matthew Elbert for order enjoining in Motion for subpoena/contempt (dlb) (Entered: 03/24/2004)

ORDER by Judge John L. Kane denying Mr. Elbert's motion for order enjoining in Motion for subpoena/contempt [87-1] (cc: all counsel) ; entry date : 4/2/04 (dlb) (Entered: 04/02/2004)

ORDER by Judge John L. Kane denying motion for order enjoining Motion: subpoena/contempt [86-1] (cc: all counsel) ; entry date : 4/2/04 (dlb) (Entered: 04/02/2004)