Case: Muslim Community v. Colorado Department of Corrections

Muslim Community v. Colorado DOC

Wilson v. Gunter

U.S. Court of Appeals for the Tenth Circuit

MOTION by plaintiff Wayne Butler for order to dismiss Wayne Butler, as member of action under Rule 23 (former empl) Modified on 01/16/1992 (Entered: 06/20/1990)

COURTROOM MINUTES (Evidentiary Hrg) by Magistrate Richard B. Harvey, witnesses, exhbts, cop-pla, Reynolds dismissed as party; co-pla, Wayne Butler dropped as party (per his own motion); Attached pla's exhbt list (former empl) Modified on 01/16/1992 (Entered: 07/09/1990)

MAGISTRATE'S RECOMMENDATION by Magistrate Richard B. Harvey, that claim not be dismissed and that it be processed for a future trial by a US Judge (cc: all counsel) (former empl) (Entered: 01/17/1991)

MAGISTRATE'S RECOMMENDATION that Jerry Hobley, Robert Boyd & David Major not be considered as plas since they are not now at AVCF; that Mag Order granting Wayne Butler's mtn to dismiss him as party be confirmed; that James Day, Masuood Ahmad, Woody Harrison, Bruce Sims & Michael Poston be dismissed as plas since they are no longer at AVCF; that case not be dismissed and that it proceed for a future trial by US Judge; Objections to Mag Rec filed by plas 2/1/91 by Magistrate Judge Richard B. Harvey (cc: all counsel) ; entry date : 12/5/91 (former empl) Modified on 01/16/1992

MOTION by plaintiff William Wilson to extend time to file response to Magistrate's Recommendation to 2/4/91 (former empl) (Entered: 01/30/1991)

MINUTE ORDER : by Judge Richard P. Matsch granting motion to extend time to file response to Magistrate's Recommendation to 2/4/91 [4-1] (cc: all counsel) (former empl) (Entered: 01/31/1991)

LETTER to court from plaintiff William Wilson re documents to be filed (former empl) (Entered: 02/04/1991)

MOTION by plaintiff William Wilson for leave to substitute parties; Mr. William Price, Superintendent of AVCF as dft in place of Mr. Ernie Pyle (former empl) (Entered: 02/04/1991)

OBJECTIONS by plas Lawrence Whittaker, Mark Young, Abbass Rostami, Gary Thorpe, Frederick Davis, Eddie Owens, Russell Draper, Leonard Bell, John Austin by William Wilson to Magistrate's Recommendation [3-1] (former empl) (Entered: 02/04/1991)

MOTION by plaintiff Richard I. Bowen to proceed in forma pauperis w/supporting affidavit (former empl) (Entered: 02/04/1991)

MOTION by plaintiff George White to proceed in forma pauperis w/supporting affidavit (former empl) (Entered: 02/04/1991)

MOTION by plaintiff Kenneth Ballard to proceed in forma pauperis w/supporting affidavit (former empl) (Entered: 02/04/1991)

MOTION by plaintiff Alvin Johnson to proceed in forma pauperis w/supporting affidavit (former empl) (Entered: 02/04/1991)

MOTION by plaintiff Harry - Hall to proceed in forma pauperis w/supporting affidavit (former empl) (Entered: 02/04/1991)

MOTION by plaintiff Keith Paul to proceed in forma pauperis w/supporting affidavit (former empl) (Entered: 02/04/1991)

ORDER Directing Reassignment of Civil Action by Judge Richard P. Matsch Case reassigned to Judge Jim R. Carrigan (cc: all counsel) (former empl) (Entered: 03/04/1991)

ORDER by Judge Jim R. Carrigan re [15-1] Case reassigned to Judge Richard P. Matsch (cc: all counsel) (lam) (Entered: 04/25/1991)

ORDER by Judge Richard P. Matsch appointing Daivd Miller as atty for plfs (cc: all counsel) (former empl) (Entered: 04/30/1991)

NOTICE by plaintiff William Wilson of change of address (former empl) (Entered: 05/09/1991)

MOTION by 3rd party plas Courtney Sewell, Adolphus Hailey, John R. Oliver, Bernard Horne, William Wilson, Abron J. Arrington, Karl D. Walker, Willie Hayward to intervene as parties in 90-M-145, or in the alternative for leave requesting permissive joinder of parties to for permissive joinder of parties with attachments. (former empl) Modified on 01/16/1992 (Entered: 05/13/1991)

MOTION by 3rd pty plas Willie Ware, Harry Hall, Salahuddin Najar, Dennis C. Germany, Earnest D. McNeal, Abdullah Kru Amin to intervene as parties, or in the alternative for leave for permissive joinder of parties (former empl) Modified on 01/16/1992 (Entered: 06/04/1991)

ATTORNEY APPEARANCE for plas, William Wilson, et al by Diana L. DeGette (lam) (Entered: 06/14/1991)

LETTER to court by Adolphus Hailey aka Akeem Abdul Makin re mtn to intervene as parties filed 5/10/91 and several mtns to proceed in forma pauperis (former empl) (Entered: 06/20/1991)

MINUTE ORDER : by Judge Richard P. Matsch ; Status Conference set 2:00 12/13/91 in Room C-425 (cc: all counsel) ; entry date : 11/18/91 (former empl) (Entered: 11/18/1991)

MOTION by dfts Colorado Dept. Of Co, Henry Solano, George Sullivan, Carlos Baca, Willia J. Wilson, Mark McGoff, Lou Hesse, Ben Johnson, Thomas Cooper, Warren Diesslin, James Brittain to withdraw attorney Carolyn Lievers (former empl) (Entered: 11/21/1991)

ORDER by Judge Richard P. Matsch granting motion to withdraw [24-1] attorney Carolyn Lievers for Warren Diesslin, attorney Carolyn Lievers for Thomas Cooper, attorney Carolyn Lievers for Ben Johnson, attorney Carolyn Lievers for Lou Hesse, attorney Carolyn Lievers for Mark McGoff, attorney Carolyn Lievers for Carlos Baca, attorney Carolyn Lievers for George Sullivan, attorney Carolyn Lievers for Colorado Dept. Of Co; newcounsel to appear for defs (cc: all counsel) ; entry date : 11/29/91 (former empl) (Entered: 11/29/1991)

MOTION by plaintiffs, defendants to continue status conf set 12/13/91 and reset it in the last week of January, 1992 (former empl) (Entered: 12/10/1991)

MINUTE ORDER : by Judge Richard P. Matsch ; Status Conference set 2:00 4/1/92 in Room C-425 (cc: all counsel) ; entry date : 3/13/92 (former empl) (Entered: 03/13/1992)

NOTICE by plaintiffs of attorney change of address of Diana L. DeGette (gms) (Entered: 03/18/1992)

STATUS REPORT by plaintiff...plas propose that case be cont'd to 5/1/92 for parties to reach final settlement agreement (former empl) (Entered: 04/02/1992)

COURTROOM MINUTES (Status Conference) by Judge Richard P. Matsch ; Status Conference held 2:00 4/1/92; Status Report ddl set 6/1/92 ; cnsl have 60 days to report back to the court as to the posting and information dissemination; entry date : 4/2/92 (former empl) (Entered: 04/02/1992)

SETTLEMENT Agreement by plaintiffs and defendants (former empl) (Entered: 06/01/1992)

ORDER Certifying Settlement Class and Directing Notice of Hearing by Judge Richard P. Matsch re settlement agreement [31-1]...a class is formed consisting of all inmates at AVCF who participate in Muslim religious activities and that a hrg under Rule 23(e) will be held on 8/6/92; Clerk shall sign attached form of notice and dfts shall post copy of notice in every living unit, in places reserved for Muslim religious activities, and shall give a copy of ntc and settlement docs to every inmate who participated in Muslim Ramadan and feast activities in 1992 (cc: all counsel) ; entry date : 6/17/92 (former empl) (Entered: 06/17/1992)

Letter (Notice of Hearing) by court regarding setting hearing to approve proposed settlement [31-1] at 2:00 on 8/6/92; written comments or objections to the proposed settlement must be mailed to Clerk at P.O. Box 1618, Denver, CO 80201 and postmarked no later than 7/24/92 (former empl) (Entered: 06/17/1992)

LETTER to court from all plaintiffs re the Islamic Community did not accept the settlement offer (former empl) (Entered: 07/14/1992)

OBJECTIONS by John D. Hamilton to settlement notice [31-1] (former empl) (Entered: 07/24/1992)

LETTER to court from plaintiff re Islamic Community did not accept settlement offer (former empl) (Entered: 07/28/1992)

OBJECTION by plaintiffs to settlement agreement and notification of ineffective assistance of counsel (former empl) (Entered: 07/28/1992)

COURTROOM MINUTES (Settlement Hearing) by Judge Richard P. Matsch settlement notice [31-1] hearing held on 2:00 8/6/92; Order of Reference will enter for Mag Judge Schlatter to hold a hrg under Rule 23; entry date : 8/7/92 (former empl) (Entered: 08/07/1992)

Special ORDER of Reference to Conduct Rule 23 Hearing by Judge Richard P. Matsch referring matter to Mag Judge Schlatter for purpose of conducting Rule 23(E) hearing at AVCF, which hrg shall be conducted w/court reporter and transcript of hrg w/recommendation from Mag Judge Schlatter to be submitted for review (cc: to counsel) (former empl) (Entered: 08/10/1992)

Letter by court regarding ; In Court Hearing set 9:30 9/23/92 re Rule 23(E) of FRCP at AVCF before Mag Schlatter (former empl) (Entered: 08/27/1992)

NOTICE by defendantsi of arrangements made for the FRCP 23e hrg scheduled (former empl) (Entered: 09/18/1992)

MOTION by class plaintiffs to withdraw attorney Diana L. DeGette (former empl) (Entered: 09/21/1992)

ORDER by Magistrate Judge O. E. Schlatter granting motion to withdraw attorney Diana L. DeGette [42-1]; attorney Diana L. DeGette withdrawn for Saleem Suleiman, for Keith Mayfield, for John Austin, for Lennie Billings, for Emerson Walters, for Leonard Bell, for Russell Draper, for Michael Poston, for Patriek Daniels, for Eddie Owens, for Frederick Davis, for William Wilson, for David Major, for Bruce Sims, for Leroy Houston, for Gary Thorpe, for Woody Harrison, for Robert Boyd, for Masuood Ahmad, for Jerry Hobley, for Abbass Rostami, for Mark Young, for Day James, for Lawrence Whittaker, for Christopher Guss, for Muslim Community Of (cc: all counsel) ; entry date : 9/28/92 (former empl) (Entered: 09/28/1992)

ORDER by Judge Richard P. Matsch granting motion to withdraw attorney Diana L. DeGette [42-1] (cc: all counsel) ; entry date : 10/13/92 (former empl) (Entered: 10/13/1992)

Certified Copy of TRANSCRIPT of proceedings of hearing before Mag Judge Schlatter at 11:50 am on 9/23/92 at AVCF; Vol I; pgs 1-101 (former empl) (Entered: 10/21/1992)

MEMORANDUM by Magistrate Judge O. E. Schlatter terminating case referral motion to intervene as parties [20-1], motion for leave for permissive joinder of parties [20-2], motion to intervene as parties in 90-M-145 [19-1], motion for leave requesting permissive joinder of parties to for permissive joinder of parties [19-2], motion for leave to substitute parties; Mr. William Price, Superintendent of AVCF as dft in place of Mr. Ernie Pyle [7-1] (former empl) (Entered: 11/06/1992)

MAGISTRATE'S RECOMMENDATION by Magistrate Judge O. E. Schlatter concerning that the settlement agreement be approved (cc: all counsel) ; entry date : 11/6/92 (former empl) (Entered: 11/06/1992)

EXHIBIT-Policy Coordination re:Islamic Religious Practices (former empl) (Entered: 11/06/1992)

ORDER Approving Settlement Agreement by Judge Richard P. Matsch adopting [47-1] - Magistrate's Recommendation; settlement agreement accepted and approved and dfts will proceed to implement it; jurisdiction is preserved for entry of such future orders as may be required for implementation of this settlement; civil action is now dismissed, subject to re-opening, upon showing of good cause, for such addtl court action as necessary for implentation and enforcement of settlement agreement; dismissing case (cc: all counsel) ; entry date : 12/7/92 (former empl) (Entered: 12/07/1992)

MOTION by Nation of Islam by and through Willie T. Hayes, John X. Hamilton for rehearing pursuant to Rule 59, FRCP (former empl) (Entered: 12/23/1992)

ORDER by Judge Richard P. Matsch denying motion for rehearing pursuant to Rule 59, FRCP [50-1] (cc: all counsel) ; entry date : 1/4/93 (former empl) (Entered: 01/04/1993)

NOTICE OF APPEAL by Class Member John X. Hamilton (Notice of Appeal states that "Plaintiffs hereby appeal") in re order [51-1] of 12/31/92; Notice mailed to all counsel on 1/28/93 Fee Status: $100 fee and $5 fee not paid (gms) (Entered: 01/28/1993)

Case No. 93-1036 assigned by the Court of Appeals. [52-1] Filing fees due within 40 days (gms) (Entered: 02/26/1993)

Copy of LETTER (Re: [52-1] ) from USCA to John X. Hamilton advising if he wishes to proceed in forma pauperis, he is to file a motion with the District Court. (gms) (Entered: 03/15/1993)

LETTER (Re: [52-1] ) to USCA advising that the $100 docket fee and the $5.00 filing fee have not been paid and a motion to proceed on appeal ifp has not been filed. (gms) (Entered: 04/14/1993)

MOTION by John X. Hamilton for leave to appeal in forma pauperis (gms) (Entered: 04/20/1993)

AFFIDAVIT of John X. Hamilton in support of motion for leave to appeal in forma pauperis [56-1] (gms) (Entered: 04/20/1993)

LETTER from USCA to USDC re: IFP status (Re: [52-1] ) (former empl) (Entered: 07/07/1993)

LETTER from USDC to USCA (motion for leave to appeal IFP pending) (Re: [52-1] ) (former empl) (Entered: 07/20/1993)

LETTER (Re: [52-1] ) from USCA to Judge Matsch requesting determination be made on appellant's motion for leave to appeal ifp (gms) (Entered: 10/07/1993)

ORDER by Judge Richard P. Matsch (re appeal [52-1] ) granting appellant leave to appeal in forma pauperis. Court reporter to prepare transcript without prepayment of fees. (Court of Appeals notified) (cc: all counsel) (gms) (Entered: 10/13/1993)

RECORD on Appeal consisting of Volumes I and II transmitted to the Court of Appeals( re appeal [52-1] ) (gms) (Entered: 10/18/1993)

MOTION by Willie Ware, Woody Harrison to reopen this action (copy only received) (gms) Modified on 11/05/1993 (Entered: 11/05/1993)

MOTION by Willie Ware, Woody Harrison for order to change the names of the parties of this actioni (to Woody Harrison, et al, vs. Aristed Zavaras and Robert J. Furlong) (copy only received) (gms) (Entered: 11/05/1993)

NOTICE by Willie Ware, Woody Harrison of Motion to Reopen and Rentitle Case (gms) (Entered: 11/05/1993)

ORDER by Judge Richard P. Matsch denying motion to reopen this action [63-1], denying motion for order to change the names of the parties of this actioni (to Woody Harrison, et al, vs. Aristed Zavaras and Robert J. Furlong) [64-1] (cc: all counsel) ; entry date : 11/24/93 (gms) (Entered: 11/24/1993)

MANDATE from the Court of Appeals; CA # 93-1036; Dt issued 4/8/94; ORDER and JUDGMENT dated 4/8/94 affirming the decision of the District Court on appeal [52-1] (gms) (Entered: 04/11/1994)

RECORD on appeal consisting of Volumes I and II; appeal [52-1] returned from the Court of Appeals. (gms)

MOTION by plaintiff for appointment of counsel (former empl) (Entered: 05/22/1997)

MOTION by plaintiff to enforce settlement (former empl) (Entered: 05/22/1997)

ORDER by Chief Judge Richard P. Matsch denying motion to enforce settlement [69-1] (cc: all counsel) ; entry date : 4/13/98 (lam) (Entered: 04/13/1998)

MINUTE ORDER : by Chief Judge Richard P. Matsch finding the motion for appointment of counsel [68-1] moot (cc: all counsel) ; entry date : 4/13/98 (lam) (Entered: 04/13/1998)

MAIL Returned order [70-1] [70-1] sent to ACLU (former empl)

MOTION by Robert Settles, Robert Jackson et al to intervene as plfs (former empl) (Entered: 03/18/1999)

MOTION by plaintiffs for civil contempt and to reopen the case (former empl) (Entered: 03/18/1999)

MOTION by plaintiffs for infringement ( order) (former empl) (Entered: 03/18/1999)

ORDER by Chief Judge Richard P. Matsch striking motion for infringement ( order) [74-1], striking motion for civil contempt and to reopen the case [73-1], striking motion to intervene as plfs [72-1] (cc: all counsel) ; entry date : 3/24/99 (former empl) (Entered: 03/24/1999)

MAIL Returned order [75-1] [75-1] addressed to Abdal Bashshar (former empl)

MAIL Returned order [75-1] [75-1] addressed to Amer Civil Liberties Union (former empl)

MAIL Returned order [75-1] [75-1] addressed to Abdallah Moaney (former empl)

MOTION to intervene as plaintiffs (former empl) (Entered: 04/22/1999)

ORDER by Chief Judge Richard P. Matsch striking motion to intervene as plaintiffs [76-1] (cc: all counsel) ; entry date : 4/23/99 (former empl) (Entered: 04/23/1999)

MAIL Returned order [77-1] [77-1] addressed to plaintiff (former empl)

MAIL Returned order [77-1] [77-1] addressed to plaintiff Muslim Community Of (former empl)