Docket Entries Since Last Update
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Court Dockets
United States Court of Appeals for the Tenth Circuit
Docket for Case #: 20-1128
Docket for Case #: 20-1128
Wimberly v. Williams
DOCKET INFORMATION
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| Entry | Filed | Description | |
|---|---|---|---|
| BL-1 | Mar 31, 2020 | Request | [10729593] Prisoner case docketed. DATE RECEIVED: 03/31/2020. Notice of appearance due on 04/14/2020 for Dean Williams. Notice of appearance due on 04/30/2020 for Bruce A. Wimberly. [20-1128] |
| BL-2 | Apr 1, 2020 | Request | [10729728] District court order denying leave to proceed in forma pauperis filed. [20-1128] |
| BL-3 | Apr 6, 2020 | Request | [10730669] Jurisdictional review complete. Fee or ifp forms due by 05/18/2020 for Bruce A. Wimberly. Combined certificate of appealability and appellant brief due 05/18/2020 for Bruce A. Wimberly. Record on appeal 10th circuit due 04/27/2020. [20-1128] |
| BL-4 | Apr 7, 2020 | Request | [10731036] Record on appeal filed. No. of Volumes: 1, Comments: Vol 1 - pleadings. Record on appeal filed 04/07/2020. [20-1128] |
| BL-5 | Apr 13, 2020 | Request | [10732587] Entry of appearance submitted by Ann M. Luvera for Appellee Dean Williams for court review. Certificate of Interested Parties: No. Served on 04/13/2020. Manner of Service: email. [20-1128] --[Edited 04/13/2020 by AT to remove PDF as pleading was filed on 4/13/2020.] AL |
| BL-6 | Apr 13, 2020 | Request | [10732618] Entry of appearance filed by Ms. Ann Marie Luvera for Dean Williams. CERT. OF INTERESTED PARTIES: n. Served on 04/13/2020. Manner of Service: US mail.[20-1128] |
| BL-7 | May 18, 2020 | Request | [10741048] Entry of appearance filed by Mr. Bruce A. Wimberly. CERT. OF INTERESTED PARTIES: n. Served on the court 05/10/2020 by US mail. [20-1128] |
| BL-8 | May 18, 2020 | Request | [10741049] Appellant's motion filed by Mr. Bruce A. Wimberly to appoint attorney. Served on the court 05/12/2020 by US mail. [20-1128] |
| BL-9 | May 18, 2020 | Request | [10741052] Appellant's motion filed by Mr. Bruce A. Wimberly for leave to proceed in forma pauperis. Served on the court 05/12/2020 by US mail. [20-1128] |
| BL-10 | May 18, 2020 | Request | [10741055] Appellant's motion filed by Mr. Bruce A. Wimberly to extend time to file appellant's brief and coa. Served on 05/12/2020. Manner of Service: US mail. [20-1128] |
| BL-11 | May 19, 2020 | Request | [10741162] Order filed by Judge Tymkovich denying motion to appoint attorney filed by Appellant Mr. Bruce A. Wimberly. Served on 05/19/2020. [20-1128] |
| BL-12 | May 19, 2020 | Request | [10741164] Order filed by Clerk of the Court granting motion to extend time to file appellant's brief/COA. Appellant's combined brief/certificate of appealability due 06/18/2020 for Bruce A. Wimberly. No further extensions on the clerk's authority. Served on 05/19/2020. [20-1128] |
| BL-13 | May 20, 2020 | View | [10741543] Appellant brief and application for certificate of appealability filed by Mr. Bruce A. Wimberly. Original and 4 copies (copies made by Clerk's office). Served on 05/20/2020 by US mail. [20-1128] |
| BL-14 | May 26, 2020 | Request | [10742450] Order filed by Clerk of the Court - On further review, the district court did not address whether COA should issue and appellant has not requested COA from the District court. We direct a limited remand to consider whether a COA should issue. Pending a decision by the district court this case is abated. If the district court has not decided whether to issue a COA by 06/26/2020, appellant shall file a written report advising of the status. Served on 05/26/2020. [20-1128] |
| BL-15 | May 28, 2020 | Request | [10743300] Notification of denial of certificate of appealability in district court. Appellant's motion for certificate of appealability filed (NOA - See Fed. R. App. P. 22(b)). [20-1128] |
| BL-16 | May 28, 2020 | Request | [10743411] Order filed by Clerk of the Court - This matter is before the court upon receipt of the district court's 05/28/2020 order declining to issue a certificate of appealability. Upon consideration, the abatement of this appeal is lifted. Served on 05/28/2020. [20-1128] |
| BL-17 | Jul 17, 2020 | Request | [10756201] Order filed by Judge McHugh granting in part and denying in part petitioner's certificate of appealability and appointing the Federal Public Defender for the Districts of Colorado and Wyoming to represent appellant. Notice of appearance due on 07/31/2020 for Bruce A. Wimberly. Appellant's supplemental opening brief due on 08/26/2020 for Bruce A. Wimberly. See attached order for further information. Served on 07/17/2020. [20-1128] |
| BL-18 | Jul 23, 2020 | Request | [10757544] Entry of appearance submitted by Kathleen Shen for Appellant Mr. Bruce A. Wimberly for court review. Certificate of Interested Parties: No. Served on 07/23/2020. Manner of Service: email. [20-1128] --[Edited 07/23/2020 by AT to remove PDF as pleading was filed on 7/23/2020.] KS |
| BL-19 | Jul 23, 2020 | Request | [10757546] Entry of appearance filed by Kathleen Shen for Mr. Bruce A. Wimberly. CERT. OF INTERESTED PARTIES: n. Served on 07/23/2020. Manner of Service: email. [20-1128] |
| BL-20 | Aug 20, 2020 | Request | [10764303] Motion filed by Appellant Mr. Bruce A. Wimberly to extend time to file supplemental brief until 09/25/2020. Served on: 08/20/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1128] KS |
| BL-21 | Aug 21, 2020 | Request | [10764573] Order filed by Judge McHugh granting Attorney motion to extend time to file supplemental opening brief. Supplemental opening brief due 09/25/2020 for Appellant Bruce A. Wimberly. Served on 08/21/2020. [20-1128] |
| BL-22 | Sep 21, 2020 | Request | [10771849] Motion filed by Appellant Mr. Bruce A. Wimberly to extend time to file supplemental brief until 10/26/2020. Served on: 09/21/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1128] KS |
| BL-23 | Sep 23, 2020 | Request | [10772848] Order filed by Judge McHugh - This matter is before the court on appellant's second motion for extension of time to file the appellant's supplemental brief. The motion is granted. The supplemental brief shall be served and filed on or before 10/26/2020. The court will not grant further extensions. Served on 09/23/2020. [20-1128] |
| BL-24 | Oct 26, 2020 | Request | [10781285] Appellant's supplemental brief filed by Mr. Bruce A. Wimberly. Served on 10/26/2020. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1128] KS |
| BL-25 | Oct 26, 2020 | Request | [10781295] Minute order filed - The supplemental brief submitted by appellant is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filings, including all attachments. Appellee's brief isnow due 11/25/2020 for Dean Williams. Paper copies of appellant's supplemental brief due 11/02/2020 by Bruce A. Wimberly. (Text Only - No Attachment) [20-1128] |
| BL-26 | Oct 26, 2020 | Request | [10781354] Motion filed by Appellant Mr. Bruce A. Wimberly to file corrected/substitute brief. Served on: 10/26/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1128] KS |
| BL-27 | Oct 27, 2020 | Request | [10781633] Order filed by Clerk of the Court granting appellant's motion to file corrected/substitute opening brief. The corrected supplemental brief, attached to this motion, shall be filed as of the date of this order. Served on 10/27/2020. [20-1128] |
| BL-28 | Oct 27, 2020 | View | [10781635] Appellant corrected supplemental brief filed by Mr. Bruce A. Wimberly. Served on 10/26/2020. Manner of Service: email. [20-1128] |
| BL-29 | Nov 2, 2020 | Request | [10784118] Paper copies of appellant's corrected supplemental opening brief received from Bruce A. Wimberly. [20-1128] |
| BL-30 | Nov 17, 2020 | Request | [10786730] Entry of appearance submitted by Ann Stanton for Appellee Dean WilliamsNone for court review. Certificate of Interested Parties: No. Served on 11/17/2020. Manner of Service: US mail. --[Edited 11/17/2020 by JJH to remove pdf as pleading file 11/17/2020][20-1128] AS |
| BL-31 | Nov 17, 2020 | Request | [10786735] Entry of appearance filed by Ann Stanton for Dean Williams. CERT. OF INTERESTED PARTIES: n. Served on 11/17/2020. Manner of Service: US mail [20-1128] |
| BL-32 | Nov 17, 2020 | Request | [10786740] Motion filed by Appellee Dean Williams, None to extend time to file appellee/respondent's brief until 01/13/2021. Served on: 11/17/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1128] AS |
| BL-33 | Nov 20, 2020 | Request | [10787847] Minute order filed by Clerk of the Court - At the direction of the court, order granting in part, motion to extend time to file eres brief. Appellee's brief now due 12/18/2020 for Dean Williams. Served on 11/20/2020. Text only entry - no attachment. [20-1128] |
| BL-34 | Dec 8, 2020 | Request | [10791798] Motion filed by Appellee Dean Williams to extend time to file a response brief until 01/08/2021. Served on: 12/08/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1128] AS |
| BL-35 | Dec 9, 2020 | Request | [10792164] Order filed by Clerk of the Court granting appellee's motion to extend time to file response brief. Appellee's brief now due 01/08/2021 for Dean Williams. No further extensions will be granted. Served on 12/09/2020. [20-1128] |
| BL-36 | Jan 8, 2021 | View | [10798716] Appellee/Respondent's brief filed by Dean Williams. Served on: 01/08/2021. Manner of service: email. Oral argument requested? No. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1128] AS |
| BL-37 | Jan 8, 2021 | Request | [10798722] Minute order filed - the brief submitted by appellee is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing. Appellant's optional reply brief now due 01/29/2021 for Bruce A. Wimberly. Paper copies of appellee's brief due 01/15/2021 by Dean Williams. (Text Only - No Attachment) [20-1128] |
| BL-38 | Jan 13, 2021 | Request | [10799640] Paper copies of appellee's brief received from Dean Williams. [20-1128] |
| BL-39 | Jan 25, 2021 | Request | [10802401] Motion filed by Appellant Mr. Bruce A. Wimberly to extend time to file a reply brief until 02/12/2021. Served on: 01/25/2021. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1128] KS |
| BL-40 | Jan 25, 2021 | Request | [10802410] Order filed by Clerk of the Court granting Appellant motion to extend time to file apet reply brief. Appellant's optional reply brief now due 02/12/2021 for Bruce A. Wimberly. Served on 01/25/2021. Text only entry - no attachment. [20-1128] |
| BL-41 | Feb 12, 2021 | View | [10807379] Appellant/Petitioner's reply brief filed by Mr. Bruce A. Wimberly. Served on 02/12/2021. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1128] KS |
| BL-42 | Mar 2, 2021 | Request | [10811646] Oral argument notice filed. This matter is set for oral argument on 05/11/2021 at 9:00 A.M. Mountain Time in Courtroom II. Oral arguments will be heard REMOTELY via video conference using Zoom for Government. COUNSEL WILL NOT REPORT TO THE COURTHOUSE. Arguing counsel must carefully review the attached notice. Within 10 days of today's date, arguing counsel must download, complete, and e-file the required oral argument form(s). Counsel for amici parties may not participate in argument without written permission from the court. [20-1128] |
| BL-43 | Mar 3, 2021 | Request | [10811903] Calendar Acknowledgment Form filed by Mr. Bruce A. Wimberly. Served on 03/03/2021. Manner of Service: email. [20-1128] KS |
| BL-44 | Mar 3, 2021 | Request | [10811905] Custody Status Form filed by Mr. Bruce A. Wimberly. Served on 03/03/2021. Manner of Service: email. [20-1128] KS |
| BL-45 | Mar 8, 2021 | Request | [10813181] Calendar Acknowledgment Form filed by Dean Williams. Served on 03/08/2021. Manner of Service: email. [20-1128] AS |
| BL-46 | May 11, 2021 | Request | [10828933] Case argued and submitted to Judges Bacharach, Ebel and McHugh. Kathleen Shen argued for the Appellant. Ann Stanton argued for the Appellee. [20-1128] |
| BL-47 | Sep 29, 2021 | View | [10861386] Affirmed;Terminated on the merits after oral hearing;Written, signed, published; Judges Bacharach (authoring), Ebel (concurring) and McHugh (dissenting). Mandate to issue. [20-1128] |
| BL-48 | Sep 29, 2021 | View | [10861388] Judgment for opinion filed. [20-1128] |