Bond v. Regalado, et al

22-5065 | U.S. Court of Appeals, Tenth Circuit

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Filed Aug. 8, 2022
Terminated Oct. 25, 2023
Judges HOLMES, HARTZ, and PHILLIPS
Nature of Suit 3555 Habeas Corpus - Prison Condition
Original Case 4:18-cv-00231
Last Updated: 11 months, 3 weeks ago Show Interactive Timeline
Filing Date # Docket Text
11/16/2023[11045223] Mandate issued. [22-5065] [Entered: 11/16/2023 08:34 AM]
10/25/2023[11038932] Affirmed in Part, Vacated in Part and Remanded. Terminated on the merits after submissions without oral hearing. Written, signed, unpublished; Judges Holmes (authoring judge), Hartz and Phillips. Mandate to issue. [22-5065] [Entered: 10/25/2023 08:49 AM]
4/25/2023[10994469] Paper copies of appellees' brief received from Armor Correctional Health Services, Inc., Angela McCoy, Curtis McElroy, and Seth Whitman. [22-5065] [Entered: 04/26/2023 10:05 AM]
4/21/2023
  • Order
[10993526] Minute order filed - the brief submitted by appellees 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. Paper copies of appellees' brief due 04/28/2023 by Armor Correctional Health Services, Inc., Angela McCoy, Curtis McElroy and Seth Whitman. Appellant's optional reply brief now due 05/12/2023 for Austin Bond. (Text Only - No Attachment) [22-5065] [Entered: 04/21/2023 01:07 PM]
4/21/2023[10993419] Appellee/Respondent's brief filed by Armor Correctional Health Services, Inc., Ms. Angela McCoy, Mr. Curtis McElroy and Mr. Seth Whitman. Served on: 04/21/2023. Manner of service: email. Oral argument requested? No. Word/page count: 12970. This pleading complies with all required privacy and virus certifications: Yes. [22-5065] CTD [Entered: 04/21/2023 10:41 AM]
3/31/2023[10988117] Paper copies of appellee's brief received from Vic Regalado. [22-5065] [Entered: 03/31/2023 12:04 PM]
3/27/2023
  • Order
[10986689] Minute order filed - the brief submitted by appellee Vic Regalado 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. Paper copies of appellee's brief due 04/03/2023 by Vic Regalado. (Text Only - No Attachment) [22-5065] [Entered: 03/27/2023 04:31 PM]
3/27/2023[10986681] Appellee/Respondent's brief filed by Mr. Vic Regalado. Served on: 03/27/2023. Manner of service: email. Oral argument requested? No. Word/page count: 5741. This pleading complies with all required privacy and virus certifications: Yes. [22-5065] GAF [Entered: 03/27/2023 04:22 PM]
3/20/2023
  • Order
[10984693] Order filed by Clerk of the Court, at the direction of the court, granting attorney motion to extend time to file appellee's brief until 04/26/2023 for Armor Correctional Health Services, Inc.. Served on 03/20/2023. Text only entry - no attachment. [22-5065] [Entered: 03/20/2023 12:05 PM]
3/20/2023[10984665] Motion filed by Appellees Armor Correctional Health Services, Inc., Ms. Angela McCoy, Mr. Curtis McElroy and Mr. Seth Whitman to extend time to file appellee/respondent's brief until 04/26/2023. Served on: 03/20/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-5065] CTD [Entered: 03/20/2023 11:28 AM]
3/7/2023[10981537] Entry of appearance filed by Mr. Christopher Todd Drake for Mr. Seth Whitman, Mr. Curtis McElroy, Ms. Angela McCoy and Armor Correctional Health Services, Inc.. CERT. OF INTERESTED PARTIES: n (all parties previously disclosed). Served on 03/07/2023. Manner of Service: email [22-5065] [Entered: 03/07/2023 10:45 AM]
3/7/2023[10981528] Entry of appearance submitted by Christopher Todd Drake for Appellees Armor Correctional Health Services, Inc., Ms. Angela McCoy, Mr. Curtis McElroy and Mr. Seth Whitman for court review. Certificate of Interested Parties: No. Served on 03/07/2023. Manner of Service: email. --[Edited 03/07/2023 by MLB to remove pdf from docket; entry filed on 03/07/23][22-5065] CTD [Entered: 03/07/2023 10:37 AM]
2/27/2023[10979453] Paper copies of appellee's brief received from Board of County Commissioners of Tulsa County. [22-5065] [Entered: 02/27/2023 12:20 PM]
2/23/2023
  • Order
[10978806] 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. Paper copies of appellee brief due 03/02/2023 by Board of County Commissioners of Tulsa County. (Text Only - No Attachment) [22-5065] [Entered: 02/23/2023 09:03 AM]
2/23/2023[10978762] Appellee/Respondent's brief filed by Board of County Commissioners of Tulsa County. Served on: 02/23/2023. Manner of service: email. Oral argument requested? No. Word/page count: 578. This pleading complies with all required privacy and virus certifications: Yes. [22-5065] DAW [Entered: 02/23/2023 07:11 AM]
2/22/2023[10978365] Deficiency notice issued. Appellee brief now due 02/27/2023 for Board of County Commissioners of Tulsa County [22-5065] [Entered: 02/22/2023 07:26 AM]
2/22/2023This entry has been removed from the docket. Corrected brief filed on 02/23/2023 [JJH]
[10978363] Appellee/Respondent's brief filed by Board of County Commissioners of Tulsa County. Served on: 02/22/2023. Manner of service: email. Oral argument requested? No. Word/page count: 385. This pleading complies with all required privacy and virus certifications: Yes. [22-5065] DAW [Entered: 02/22/2023 07:20 AM]
2/16/2023
  • Motion to Extend Time to File ResponseGranted
[10977499] Order filed by Clerk of the Court granting Appellee Armor Health's motion for 30-day extension of time to file response brief. Appellee's brief is now due 03/27/2023 for Armor Correctional Health Services, Inc. No further extensions will be granted on the clerk's authority. Served on 02/16/2023. Text only entry - no attachment. [22-5065] [Entered: 02/16/2023 01:35 PM]
2/16/2023[10977485] Motion filed by Appellee Armor Correctional Health Services, Inc. to extend time to file appellee/respondent's brief until 03/27/2023. Served on: 02/16/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-5065] CTD [Entered: 02/16/2023 12:45 PM]
2/15/2023
  • Motion to Extend Time to File ResponseGranted
[10977193] Order filed by Clerk of the Court granting Appellee Vic Regalado's motion for 30-day extension of time to file response brief. Appellee's brief is now due 03/27/2023 for Vic Regalado. No further extensions will be granted on the clerk's authority. Served on 02/15/2023. Text only entry - no attachment. [22-5065] [Entered: 02/15/2023 02:29 PM]
2/15/2023[10977182] Motion filed by Appellee Mr. Vic Regalado to extend time to file appellee/respondent's brief until 03/27/2023. Served on: 02/15/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-5065] GAF [Entered: 02/15/2023 02:16 PM]
2/8/2023[10975494] Paper copies of appellant's Volumes XVI and XIX received from Austin Bond. All paper copies of brief and appendix, as well as flash drives have been received. [22-5065]--[Edited 02/08/2023 by DJD] [Entered: 02/08/2023 11:30 AM]
2/3/2023[10974521] Notice of deficient paper copies of appellant's appendix Volumes XVI and XIX received from Austin Bond. Type of deficiency: The paper Volume XVI contains 200 pages (4202-4392) however the electronically filed Volume XVI contains 290 pages. The paper Volume XIX contains 290 pages (5043-4481) however the electronically filed Volume XIX contains 237 pages. See attached letter for specifics. Paper copies due 02/08/2023 [22-5065]--[Edited 02/03/2023 by DJD to correct deadline] [Entered: 02/03/2023 01:35 PM]
1/31/2023
  • Motion to File Substitute BriefGranted
[10973407] Order filed by Clerk of the Court granting Appellant's unopposed motion to file a corrected opening brief. The Clerk shall replace the brief filed on 1/24/23 with the corrected brief. Paper copies of Appellant's brief and appendix, along with the flash drives, are now due 2/6/23. Served on 01/31/2023. Text only entry - no attachment. [22-5065] [Entered: 01/31/2023 01:54 PM]
1/31/2023[10973252] Motion filed by Appellant Mr. Austin Bond to amend Plaintiff-Appellant's Opening Brief. Served on: 01/31/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-5065] RMB [Entered: 01/31/2023 09:43 AM]
1/27/2023
  • Order
[10972710] Order filed by Clerk of the Court. This matter is before the court on the errata submitted by Appellant. The court does not accept errata sheets. If Appellant wishes to amend his opening brief, he shall file—on or before February 1, 2023, a motion and attach the corrected brief. Served on 01/27/2023. Text only entry - no attachment. [22-5065] [Entered: 01/27/2023 10:49 AM]
1/27/2023[10972599] Errata sheet received from Mr. Austin Bond to Plaintiff-Appellant's Opening Brief. 7 paper copies to be provided to the court. Served on 01/27/2023. Manner of Service: email. [22-5065] --[Edited 01/30/2023 by SLS to change from filed to received.] RMB [Entered: 01/27/2023 07:19 AM]
1/25/2023
  • Order
[10971905] Minute order filed - the brief and appendix 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 and number of volumes filed (for appendices). Paper copies due 02/01/2023 by Austin Bond. Appellees brief now due 02/23/2023 for Vic Regalado, Armor Correctional Health Services, Inc. and Board of County Commissioners of Tulsa County. (Text Only - No Attachment) [22-5065] [Entered: 01/25/2023 08:59 AM]
1/24/2023[10971814] Appellant/Petitioner's brief filed by Mr. Austin Bond. Served on 01/24/2023 by email. Oral argument requested? Yes. Word/page count: 13000. This pleading complies with all required privacy and virus certifications: Yes. [22-5065]--[Edited 01/31/2023 by DJD to replace with corrected brief] RMB [Entered: 01/24/2023 07:32 PM]
1/24/2023[10971807] Appellant's appendix filed by Mr. Austin Bond. Total number of volumes filed: 20. Served on 01/24/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. --[Edited 01/25/2023 by MLB to add sealed volume 20][22-5065]--[Edited 02/03/2023 by DJD to replace cover page of Volume XIII] DES [Entered: 01/24/2023 05:01 PM]
1/24/2023This entry has been removed from the docket by MLB to consolidate docket entries
[10971801] Appellant's appendix filed by Mr. Austin Bond. Total number of volumes filed: 1. Served on 01/24/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-5065] DES [Entered: 01/24/2023 04:53 PM]
1/20/2023
  • Order
[10970921] Order filed by Clerk of the Court provisionally granting appellant's motion to file certain materials in the appendix under seal as set forth in the attached order. Served on 01/20/2023. [22-5065] [Entered: 01/20/2023 04:30 PM]
1/20/2023
  • Motion to File
[10970785] Response filed by Armor Correctional Health Services, Inc. to Appellant's Motion to File Certain Materials in the Appendix Under Seal. Served on 01/20/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-5065] CTD [Entered: 01/20/2023 01:29 PM]
1/19/2023
  • Motion to File
[10970495] Response filed by Mr. Vic Regalado to Appellant's Motion to File Certain Materials in the Appendix Under Seal. Served on 01/19/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-5065] GAF [Entered: 01/19/2023 02:28 PM]
1/13/2023
  • Order
[10969305] Order filed by Clerk of the Court - This matter is before the court on Appellant's Motion to File Certain Materials in the Appendix under Seal (the "Motion"). Upon consideration, the Motion as supplemented is taken under advisement. On or before 01/20/2023, the appellees are directed to file a response to the Motion. The court sua sponte extends the deadline for the appellant to file his brief and appendix until 01/24/2023 [10968985-2], [10969198-2]. See attached order for further details and instructions. Served on 01/13/2023. [22-5065] [Entered: 01/13/2023 01:42 PM]
1/13/2023
  • OrderGranted
[10969281] Order filed by Clerk of the Court granting Appellant's unopposed motion to exempt flash drive from electronic appendix. See order for instructions. The flash drives shall be submitted concurrently with the hard copies of the opening brief and appendix for Austin Bond. Served on 01/13/2023. [22-5065] [Entered: 01/13/2023 12:34 PM]
1/13/2023[10969198] Supplement filed by Mr. Austin Bond to File Certain Materials in the Appendix Under Seal. Served on 01/13/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-5065] RMB [Entered: 01/13/2023 10:51 AM]
1/13/2023[10969197] Supplement filed by Mr. Austin Bond to Motion to Exempt Flash Drive from the Electronic Appendix. Served on 01/13/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-5065] RMB [Entered: 01/13/2023 10:50 AM]
1/12/2023
  • Order
[10969030] Order filed by Clerk of the Court. This matter is before the court on the Appellant's Motion to Exempt Flash Drive from the Electronic Appending and Appellant's Motion to File Certain Materials in the Appendix under Seal. Neither motion contains the required statement of the opposing parties on the relief requested. 10th Cir. R. 27.1. Accordingly, the appellant must file supplements to these motions providing the disclosure of the opposing parties' positions on or before January 17, 2023. Served on 01/12/2023. Text only entry - no attachment. [22-5065] [Entered: 01/12/2023 02:41 PM]
1/12/2023[10968985] Motion filed by Appellant Mr. Austin Bond to seal Certain Materials in Appellant's Appendix. Served on: 01/12/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-5065] DES [Entered: 01/12/2023 01:17 PM]
1/12/2023[10968984] Motion filed by Appellant Mr. Austin Bond for exemption from filing portion of appendix electronically. Served on: 01/12/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-5065] DES [Entered: 01/12/2023 01:11 PM]
12/23/2022[10964974] Rule 26 Disclosure Statement filed by Board of County Commissioners of Tulsa County. More than 50 parties disclosed: no. Served on 12/23/2022. Manner of Service: email. [22-5065] DAW [Entered: 12/23/2022 03:20 PM]
12/23/2022[10964964] Deficiency notice issued. Type of deficiency: Failure to file R26 disclosure statement. Disclosure statement due on 12/27/2022 for Board of County Commissioners of Tulsa County, Austin Bond, Angela McCoy, Curtis McElroy and Seth Whitman. [22-5065]--[Edited 12/23/2022 by JM to edit attorney section.] [Entered: 12/23/2022 02:51 PM]
12/21/2022[10964434] Rule 26 Disclosure Statement filed by Mr. Vic Regalado. More than 50 parties disclosed: no. Served on 12/21/2022. Manner of Service: email. [22-5065] GAF [Entered: 12/21/2022 02:40 PM]
12/21/2022[10964429] Rule 26 Disclosure Statement filed by Armor Correctional Health Services, Inc.. More than 50 parties disclosed: no. Served on 12/21/2022. Manner of Service: email. [22-5065] CTD [Entered: 12/21/2022 02:19 PM]
12/15/2022[10962841] This matter is before the court sua sponte in preparation for the January 1, 2023 implementation of Tenth Circuit Rule 26.1, which requires Fed. R. App. P. 26.1 disclosures to be made via a separately filed Tenth Circuit Form 4 instead of in the parties' briefs. Within 7 days of the date of this order, all non-governmental corporate entities in civil appeals (including movants, intervenors, and amici), and the government and any corporate defendants in criminal appeals, shall complete and e-file Form 4, which is available on the forms page of the court's website. The aforementioned parties must file Form 4 even if they already filed a brief that includes Fed. R. App. P. 26.1 disclosures and/or have nothing to disclose. Counsel representing more than one party may file one Form 4 for all represented parties. Form 4 should be filed using the Rule 26 Disclosure Statement event in CM/ECF. Disclosure statement due on 12/22/2022 for Armor Correctional Health Services, Inc., Board of County Commissioners of Tulsa County, Austin Bond, Angela McCoy, Curtis McElroy, Vic Regalado and Seth Whitman. [22-5065] [Entered: 12/15/2022 01:42 PM]
12/12/2022
  • Order
[10961179] Order filed by Clerk of the Court, at the direction of the court, granting appellant's second motion for 30-day extension of time to file brief and appendix. Appellant's brief and appendix now due on 01/13/2023 for Austin Bond. The court will not grant additional extensions absent extraordinary circumstances. Served on 12/12/2022. Text only entry - no attachment. [22-5065] [Entered: 12/12/2022 12:34 PM]
12/12/2022[10961170] Motion filed by Appellant Mr. Austin Bond to extend time to file appellant/petitioner's brief until 01/13/2023. Served on: 12/12/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-5065] RMB [Entered: 12/12/2022 12:04 PM]
11/8/2022
  • Order
[10953652] Order filed by Clerk of the Court granting as modified attorney motion to extend time to file appellant's brief and appendix until 12/14/2022 for Austin Bond. No further extensions will be granted on the clerk's authority. Served on 11/08/2022. Text only entry - no attachment. [22-5065] [Entered: 11/08/2022 11:54 AM]
11/8/2022[10953611] Motion filed by Appellant Mr. Austin Bond to extend time to file appellant/petitioner's brief until 01/13/2023. Served on: 11/08/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-5065] RMB [Entered: 11/08/2022 10:39 AM]
10/3/2022[10944843] Filed notice record is complete. Served on 10/03/2022. Appellant's brief and appendixdue on 11/14/2022 for Austin Bond. [22-5065] [Entered: 10/03/2022 11:26 AM]
9/30/2022
  • Order
[10944516] Minute order filed - Second Notice due that record is complete by 10/07/2022 for Mark C. McCartt, Clerk of Court (oclk). (Text Only - No Attachment) [22-5065] [Entered: 09/30/2022 11:06 AM]
9/20/2022
  • Order
[10942019] Minute order filed - Notice due that record is complete by 09/27/2022 for Mark C. McCartt, Clerk of Court (oclk). (Text Only - No Attachment) [22-5065] [Entered: 09/20/2022 04:39 PM]
8/30/2022[10937111] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. ZoomGov conference scheduled for 09/12/2022 at 10:00 am (MT). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. [Please open the Notice for important information.] [22-5065]--[Edited 08/30/2022 by DM] [Entered: 08/30/2022 11:16 AM]
8/29/2022[10936898] Entry of appearance filed by Mr. Robert M. Blakemore and Mr. Daniel E. Smolen for Mr. Austin Bond. CERT. OF INTERESTED PARTIES: n. Served on 08/29/2022. Manner of Service: email. [22-5065] [Entered: 08/29/2022 03:54 PM]
8/29/2022
  • Order
[10936893] Minute order filed - Transcript order form due 09/12/2022 for Brian Neil, Court Reporter. (6/15/22 hearing) (Text Only - No Attachment) [22-5065] [Entered: 08/29/2022 03:47 PM]
8/29/2022[10936882] Docketing statement filed by Mr. Austin Bond. Served on 08/29/2022. Manner of Service: email. [22-5065] DES [Entered: 08/29/2022 03:25 PM]
8/29/2022[10936877] Acknowledgment of transcript order filed by Mr. Austin Bond. Transcript ordered: 6/15/22, Dkt. 194, Hearing. Served on: 08/29/2022. Manner of Service: email. [22-5065] DES [Entered: 08/29/2022 03:21 PM]
8/29/2022[10936874] Entry of appearance submitted by Daniel E. Smolen and Robert M. Blakemore for Appellant Mr. Austin Bond for court review. Certificate of Interested Parties: No. Served on 08/29/2022. Manner of Service: email. [22-5065] --[Edited 08/29/2022 by SLS to remove PDF from docket entry as the document has been filed.] DES [Entered: 08/29/2022 03:19 PM]
8/26/2022[10936510] Entry of appearance filed by Mr. Douglas A. Wilson for Board of County Commissioners of Tulsa County. CERT. OF INTERESTED PARTIES: y (already listed in the appeal). Served on 08/26/2022. Manner of Service: email. [22-5065] [Entered: 08/26/2022 12:29 PM]
8/26/2022[10936500] Entry of appearance submitted by Douglas A. Wilson for Appellee Board of County Commissioners of Tulsa County for court review. Certificate of Interested Parties: Yes. Served on 08/26/2022. Manner of Service: email. [22-5065]--[Edited 08/26/2022 by KLP to delete the attachment; entry filed.] DAW [Entered: 08/26/2022 12:10 PM]
8/25/2022[10936378] Deficiency notice issued. Type of deficiency: No entry of appearance filed on behalf of Board of County Commissioners, Angela McCoy, Curtis McElroy, and Seth Whitman. Notice of appearance due on 08/29/2022 for Board of County Commissioners of Tulsa County, Angela McCoy, Curtis McElroy and Seth Whitman. [22-5065] [Entered: 08/25/2022 03:57 PM]
8/25/2022[10936351] Deficiency notice issued. Type of deficiency: No preliminary documents filed on behalf of appellant. Docketing statement, notice of appearance and transcript order form due 08/29/2022 for Austin Bond. [22-5065] [Entered: 08/25/2022 03:25 PM]
8/24/2022[10935913] Entry of appearance filed by Christopher Todd Drake for Armor Correctional Health Services, Inc. CERT. OF INTERESTED PARTIES: y. (All previously disclosed.) Served on 08/24/2022. Manner of Service: email [22-5065] [Entered: 08/24/2022 11:01 AM]
8/24/2022[10935906] Entry of appearance submitted by Christopher Todd Drake for Appellee Armor Correctional Health Services, Inc. for court review. Certificate of Interested Parties: Yes. Served on 08/24/2022. Manner of Service: email. [22-5065]--[Edited 08/24/2022 by DJD. Removed PDF as pleading filed 8/24/22] CTD [Entered: 08/24/2022 10:51 AM]
8/19/2022[10934942] Entry of appearance filed by Guy A. Fortney and Katie Arnold McDaniel for Vic Regalado. CERT. OF INTERESTED PARTIES: n. Served on 08/19/2022. Manner of Service: email [22-5065] [Entered: 08/19/2022 01:03 PM]
8/19/2022[10934932] Entry of appearance submitted by Guy A. Fortney and Katie A. McDaniel for Appellee Mr. Vic Regalado for court review. Certificate of Interested Parties: No. Served on 08/19/2022. Manner of Service: email. [22-5065]--[Edited 08/19/2022 by DJD. Removed PDF as pleading filed 8/19/22] GAF [Entered: 08/19/2022 12:46 PM]
8/8/2022[10932125] Civil case docketed. Preliminary record filed. DATE RECEIVED: 08/08/2022. Docketing statement due 08/22/2022 for Austin Bond. Transcript order form due 08/22/2022 for Austin Bond. Notice of appearance due on 08/22/2022 for Armor Correctional Health Services, Inc., Board of County Commissioners of Tulsa County, Austin Bond, Angela McCoy, Curtis McElroy, Vic Regalado and Seth Whitman. [22-5065] [Entered: 08/08/2022 10:36 AM]