Hazen v. Graves

Dee v. Graves

Hazen v. Reagen

U. S. Court of Appeals for the Eighth Circuit

16 F.3d 921

1996 WL 932550

Hazen v. Reagan

U. S. Court of Appeals for the Eighth Circuit

208 F.3d 697

MANDATE from Circuit Court of Appeals affirming the decision of the District Court [580-1] (cc: Counsel) (don) (Entered: 04/24/2000)

COPY of Appellate Court Order: Opinion, affirming the district court's decision (don) (Entered: 04/03/2000)

COPY of Appellate Court Order: revised case caption (don) Modified on 03/22/1999 (Entered: 03/22/1999)

ORDER by Chief Judge Charles R. Wolle adopting motion to amend caption SEE ORDER FOR PARTICULARS [587-1], terminating motion to waive filing fee, filing fee paid [586-1] (cc: all counsel) (don) (Entered: 02/18/1999)

PROPOSED Amended Caption submitted by plaintiff [594-1] (don) (Entered: 02/03/1999)

REMARK only one appeal of $105.00 was requested, this money was applied to 4:75-CV-80201 receipt # 54270 (don) (Entered: 02/03/1999)

MAIL Returned [592-1] addressed to movant Charles N Chadwick (don) (Entered: 01/26/1999)

ORDER by Chief Judge Charles R. Wolle re [587-1] motion to amend caption, re [586-1] motion to waive filing fee. By no later than 01/28/99, counsel for pltf shall proffer to defts' a proposed caption for each case. Defts' objection to the proposed caption and postion on filing fees by 02/04/99. Plfts' required to pay any filings by 02/18/99 (cc: all counsel) (don) (Entered: 01/22/1999)

CLERK'S COURT MINUTES: courtroom clerk: Elizabeth Clarke; ; re [587-1] motion to amend caption before Chief Judge Charles R. Wolle, re [586-1] motion to waive filing fee before Chief Judge Charles R. Wolle (don) (Entered: 01/21/1999)

ORDER by Chief Judge Charles R. Wolle setting telephone conference hearing on motion response to amend the caption [591-1] 1:00 pm 1/21/99, setting telephone conference hearing on response to waive filing fees [590-1] 1:00 pm 1/21/99 (cc: all counsel) (don) (Entered: 01/19/1999)

RESISTANCE by defendant Lou V Brewer to motion to waive filing fee before Chief Judge Charles R. Wolle [586-1] (don) (Entered: 01/07/1999)

RESPONSE by defendant Lou V Brewer [587-1] re: motion to amend caption before Chief Judge Charles R. Wolle (don) (Entered: 01/07/1999)

MAIL Returned [588-1] addressed to movant Charles N Chadwic k refused, no address given (don) (Entered: 01/04/1999)

ORDER by Chief Judge Charles R. Wolle re [587-1] motion to amend caption before, re [586-1] motion to waive filing fee By no later than January 8, 1999 counsel may respond to motions. On January 11, the court will deem the motions ready for ruling(cc: all counsel) (don) (Entered: 12/24/1998)

MOTION by plaintiff to amend caption before Chief Judge Charles R. Wolle (don) (Entered: 12/21/1998)

MOTION by plaintiff to waive filing fee before Chief Judge Charles R. Wolle (don) (Entered: 12/21/1998)

MAIL Returned [584-1] addressed to movant Charles N Chadwick (don) (Entered: 12/14/1998)

NOTIFICATION by Circuit Court of Appellate Docket Number [580-1] 98-3987 (don) (Entered: 12/10/1998)

ORDER by Chief Judge Charles R. Wolle re [580-1] appeal The court now directs plaintiff's counsel to report to the court the names of each plaintiff appealing. If counsel does not respond with the names of appellants in each case and the appropriate financial information needed to assess each appellants each appellant's initial partial filing fee Counsel shallreport to the court by not later than 12/16/98(cc: all counsel) (don) (Entered: 12/08/1998)

ORDER notice to inmate about paying filing fee by Chief Judge Charles R. Wolle re [580-1] appeal inmate has 10 days from the date of the order to file an IFP form. Failure to file the prison account information will result in the assessment of an initial partial appellate filing fee of $35 (cc: all counsel) (don) (Entered: 11/16/1998)

COPY of Appellate Court Order: This order was originally filed on 02/06/98, order is pertaining to a Judgment to remand the case back to district court. (don) (Entered: 10/16/1998)

NOTICE TO INMATE ABOUT PAYING FILING FEE ON APPEAL to Jeff Lipman due back by 11/08/98. (don) (Entered: 10/08/1998)

NOTICE OF APPEAL by plaintiff, movant from Dist. Court decision [579-2] Original file date was 08/17/98 this NOA was invertly misplaced cc:counsel,USCA (don) (Entered: 10/08/1998)

REMARK - Order filed 8/7/98 (Filing #579) mailed to Chris Hagen, Vincent Garvey, William Hill, Layne Lindebak, and Jeff Lipman (dr) (Entered: 08/10/1998)

ORDER by Chief Judge Charles R. Wolle denying motion for rule to show cause (contempt) [572-1] dismissing case ; All prospective is terminated (cc: all counsel) (dr) (Entered: 08/10/1998)

REMARK - Copy of Order dated 6/4/98 (filing #578) mailed this date to Jeff Lipman, William Hill, Layne Lindebak, Chris Hagen, Barbara Schwartz; copy also given to Financial Deputy (dr) (Entered: 06/04/1998)

MOTION by movant Shawn P Shelton for disbursement of expenses before Magistrate Judge Celeste F. Bremer (jj) (Entered: 06/02/1998)

CERTIFIED COPY of judgment/mandate from USCA reversing and remanding the decision of the District Court [Appeal [532-1] (cc: all counsel) (pmb) (Entered: 03/30/1998)

CLERK'S COURT MINUTES: courtroom clerk: Pat Bridges, Deputy Clerk; court reporter: Terri L. Martin; re pretrial matters; order to follow (dr) (Entered: 02/26/1998)

PROPOSED Order Terminating Relief submitted by defendants (dr) (Entered: 02/23/1998)

REMARK - copy of order dated 2/18/98 mailed this date to Jeff Lipman, William Hill, Layne Lindebak, Christopher Hagen, Barbara Schwartz (Univ. of Iowa) and Albert Burgess (ISP) (dr) Modified on 02/19/1998 (Entered: 02/19/1998)

ORDER by Chief Judge Charles R. Wolle setting hearing on motion for termination of relief before Chief Judge Charles R. Wolle [558-1] on 2/25/98; application for rule to show cause forwarded to class counsel (J. Lipman) to raise at hearing if appropriate (cc: all counsel) (dr) (Entered: 02/19/1998)

MOTION by movant Albert Burgess for rule to show cause (contempt) before Chief Judge Charles R. Wolle (dr) (Entered: 02/12/1998)

ORDER by Chief Judge Charles R. Wolle ; court will hold hearing with counsel on all pretrial matters the parties wish to bring to court's attention (In-court hearing) on 2/25/98 at 1:00 p.m. ; counsel for parties shall file proposed bench decision by not later than 2/20/98 (cc: all counsel) (dr) (Entered: 02/05/1998)

CLERK'S COURT MINUTES: courtroom clerk: Rowena Young, Law Clerk; court reporter: None; ; In-court hearing scheduled 2/25/98 @ 1:00 p.m. ; In-court hearing held 1/26/98 re pre-trial matters (dr) (Entered: 01/26/1998)

PRETRIAL STATUS REPORT by plaintiffs (dr) (Entered: 01/26/1998)

PROPOSED Final Pre-Trial Order submitted by defendants (dr) (Entered: 01/23/1998)

RESISTANCE by defendants to motion for evidentiary hearing before Chief Judge Charles R. Wolle [566-1] (dr) (Entered: 01/22/1998)

MOTION by plaintiff David Dee, plaintiff Robert Lee Kern to extend time to file supporting affidavits before Chief Judge Charles R. Wolle (dr) (Entered: 01/22/1998)

MEMORANDUM by plaintiff David Dee, plaintiff Robert Lee Kern in support [563-1] of pltfs' resistance to dfts' motion to terminate decree (dr) (Entered: 01/22/1998)

RESISTANCE by plaintiff David Dee, plaintiff Robert Lee Kern to motion for termination of relief before Chief Judge Charles R. Wolle [558-1] (dr) (Entered: 01/22/1998)

ORDER by Chief Judge Charles R. Wolle ; In-court hearing 1/26/98 @ 1:00 p.m. at U.S. Courthouse in Des Moines, Iowa; any attorney wishing to participate by telephone may do so by providing court the telephone number where attorney may be reached; court plans to hold final hearing on motion for termination as soon as practicable after 1/26/98 hearing; by not later than noon on 1/22/98 parties shall file with court a pre-hearing proposed order (cc: all counsel) (dr) (Entered: 01/12/1998)

REMARK - Copy of Court Order of 1/8/98 (Filing #561) mailed this date to Christopher Hagen (U.S. Attorney); Layne Lindebak and William Hill (Attorney General of Iowa); Jeffrey Lipman (Lipman Law Firm); Philip Mears (Mears Law Office); Barbara Schwartz (University of Iowa Law Office) (dr) (Entered: 01/08/1998)

ORDER by Chief Judge Charles R. Wolle setting hearing on motion for termination of relief [558-1] at 1:30 p.m. on 1/16/98 in U.S. Courthouse in Des Moines; pltfs shall have until 1/14/98 to file written responses (cc: all counsel) (dr) (Entered: 01/08/1998)

REMARK - Order of 1/7/98 (clerk's #560) mailed this date to William Hill and Layne Lindebak (Attorney General of Iowa); Christopher Hagen (U.S. Attorney); and Jeffrey Lipman (dr) (Entered: 01/07/1998)

ORDER by Chief Judge Charles R. Wolle ; Trial rescheduled for 2/25/98 @ 10 a.m.; court will be in Des Moines while counsel for parties will decide whether each witness, party, and counsel will be in videoconference courtrooms in Des Moines Courthouse Annex or at videoconference facility in Fort Madison; , ; Dispositive Motion ddl set for 1/12/98 ; court may rule on those motions without argument or may set them for hearing before or at time of commencement of trial (cc: all counsel) (dr) (Entered: 01/07/1998)

MEMORANDUM by defendants in support [558-1] of motion for termination of relief before Chief Judge Charles R. Wolle (dr) (Entered: 01/06/1998)

MOTION by defendant for termination of relief before Chief Judge Charles R. Wolle (dr) (Entered: 01/06/1998)

CLERK'S COURT MINUTES: courtroom clerk: Rowena Young, Law Clerk; court reporter: (None); ; Final pretrial conf satisfied ; telephone conference held 12/23/97 to schedule trial (dr) (Entered: 12/23/1997)

ORDER by Chief Judge Charles R. Wolle ; final pretrial conf rescheduled for 12/23/97 @ 1:30 p.m. by telephone conference call; parties shall be prepared to discuss status of proceedings in this case in the U.S. Court of Appeals for Eighth Circuit and when they will be available for trial either in person in Fort Madison or by ICN using conference room at ISP and courtroom in U.S. Courthouse Annex in Des Moines (cc: all counsel) (dr) (Entered: 12/18/1997)

ORDER by Magistrate Judge Celeste F. Bremer granting motion for expenses (disbursement) [553-1]; clerk shall issue payment in the amount of $370.80 from Attorney Admission Fee Fund to M. Jane Weigart (cc: all counsel and financial officer) (dr) (Entered: 12/10/1997)

ORDER by Chief Judge Charles R. Wolle ; final pretrial conf rescheduled 12/17/97 @ 4:30 pm and will be held by telephone conference call, ; Final pretrial cnf (MAG) satisfied set in error (cc: all counsel) (dr) (Entered: 12/09/1997)

MOTION by movant Shawn P Shelton for expenses (disbursement) before Magistrate Judge Celeste F. Bremer (dr) Modified on 12/09/1997 (Entered: 12/09/1997)

Pre-Trial REPORT to the Court by movant Shawn P Shelton (RE: Trial Preparation) (ld) (Entered: 11/05/1997)

ORDER by Chief Judge Charles R. Wolle ; Final pretrial cnf set for 12/17/97 at 8:00 by telephone the court will place the call; Evidentiary hearing by ICN set for 12/29/97 at 8:00 a.m. (cc: all counsel) (dv) Modified on 12/09/1997 (Entered: 10/03/1997)

CLERK'S COURT MINUTES: courtroom clerk: Rowena Young; court reporter: n/a; ; Telephone Hrg satisfied (don) (Entered: 10/03/1997)

ORDER by Chief Judge Charles R. Wolle ; Scheduling Conference by Telephone Hearing set for 10/1/97 at 8:30 a.m. (cc: all counsel) (jj) (Entered: 09/26/1997)

ANSWER by defendants' to complaint [2-1] (ld) (Entered: 09/12/1997)

ORDER by Chief Judge Charles R. Wolle granting motion to extend to respond to application [546-1] -- Defs' granted to 9/8/97 to file and serve their responses to the application. (cc: all counsel) (ld) (Entered: 09/08/1997)

MOTION by defendants' to extend to respond to application before Chief Judge Charles R. Wolle (ld) (Entered: 09/03/1997)

ORDER by Chief Judge Charles R. Wolle re [544-1] motion to show cause why respondents should not be held in contempt Respondents' are directed to respond to the application by not later than 30 days of the date of this order. The clerk of court is directed to reopen this case as of the date of this order. Case reopened (cc: all counsel) (ld) (Entered: 08/03/1997)

MOTION by movant Shawn P Shelton to show cause why respondents should not be held in contempt before Chief Judge Charles R. Wolle (ld) (Entered: 07/31/1997)

REPORT to the Court RE: Motion for Contempt by movant Shawn P Shelton (ld) (Entered: 07/31/1997)

ORDER by Chief Judge Charles R. Wolle -- granting motion to continue hearing of 8/1/97 [in related case; not filed in this case] -- Parties to file status report by 9/2/97 setting forth whether evidentiary hearing is required. (cc: all counsel) (ld) (Entered: 07/29/1997)

REMARK: copies of 7/2/97 documents were indavertantly filed in case #75-80201. Same removed this date and mailed to Shelton & Class counsel as per order of 7/14/97. (ld) Modified on 07/29/1997 (Entered: 07/28/1997)

REMARK: copies of 7/2/97 motion for contempt by Shawn Shelton not mailed to counsel as same is not on file. Note to staff atty's this date. (ld) Modified on 07/29/1997 (Entered: 07/25/1997)

ORDER by Chief Judge Charles R. Wolle -- Movant Shawn Shelton filed motion for comtempt of court and preliminary relief. The motion is denied. If class counsel determines his claims should be pursued they may be renewed by means of a supplementary filing, adopting the present motion by reference if desired. To minimize involvement of the court, counsel fo rthe plntf' class and AG should attempt to informally resolve any issues regarding implementation of the decree. The clerk shall send copies of Shelton's filing to class counsel. (cc: all counsel) (ld) Modified on 07/29/1997 (Entered: 07/25/1997)

NOTICE of Motion for Contempt of Court and Preliminary Relief by movant Shawn P Shelton (ld) (Entered: 07/29/1997)

MOTION (Application) by plaintiffs' for enforcement of decree before Chief Judge Charles R. Wolle or in the alternative, to amend before Chief Judge Charles R. Wolle (ld) (Entered: 06/12/1997)

NOTIFICATION by Circuit Court of Appellate Docket Number [532-1] 97-1424SIDM Hazen & 97-1426SIDM Dee. These appeal numbers are consolidated with 96-4285 for purposes of briefing and submission. Briefing schedule included. (ld) (Entered: 03/03/1997)

ORDER by Chief Judge Charles R. Wolle denying motion {for docket control purpose} for order to show cause [536-1] fld. by Risdal, as the contentions will be referred to class cnsl. {see for specifics} (cc: all counsel) (rh) (Entered: 02/07/1997)

ORDER by Chief Judge Charles R. Wolle denying motion for order to show cause by Risdal as it is in violation of the limiting order. [534-1] (cc: all counsel) (rh) (Entered: 01/16/1997)

RECEIVED [532-1] re appeal fee in amount of $ 105.00 ( Receipt # 48764) (same fee as in 4:75-cv-80201 per 8th circuit) (pmb) (Entered: 01/07/1997)

MOTION by movant Eddie C Risdal for order to show cause before Chief Judge Charles R. Wolle (rh) (Entered: 12/17/1996)

ORDER by Chief Judge Charles R. Wolle granting motion to extend time to submit M/atty. fee for PLRA litigation [531-1] (cc: all counsel) (rh) (Entered: 12/16/1996)

MOTION by intervenor-plaintiffs to extend time to submit M/atty. fee before Chief Judge Charles R. Wolle (rh) (Entered: 12/12/1996)

NOTICE OF APPEAL by defendant Louis Galloway, defendant Donald Lynch from Dist. Court decision [530-1] cc: all counsel (sm) (Entered: 12/12/1996)

ORDER by Chief Judge Charles R. Wolle denying motion for termination of relief by dfts. {see order for specifics} [505-1] 252-OJ-61 (cc: all counsel) (rh) (Entered: 11/29/1996)

NOTICE OF RECENT DECISION SUBMITTED by intervenor- defendant USA (rh) (Entered: 11/19/1996)

ORDER by Chief Judge Charles R. Wolle - the FPT Order is approved, and the issue of constitutionality of sec. 802(b)(2) is submitted for ruling. After ruling, a phone hrng. will be held re: addt'l. issues (cc: all counsel) (rh) (Entered: 11/13/1996)

CLERK'S COURT MINUTES: courtroom clerk: M. Alexander; court reporter: none; Final Pretrial held {cc: JS10} (rh) (Entered: 11/12/1996)

ORDER by Chief Judge Charles R. Wolle ; final pretrial conf 11/12/96 @ 1:00 by phone parties to address thier preferences as to where trial shall be held. (cc: all counsel) (rh) (Entered: 11/01/1996)

ORDER by Chief Judge Charles R. Wolle granting motion to continue trial [524-1] ; In-court hearing cancelled ; Trial & Final Hrng. @ 9:00 (cc: all counsel) (rh) (Entered: 09/25/1996)

MOTION by plaintiff to continue trial before Chief Judge Charles R. Wolle (rh) (Entered: 09/23/1996)

MOTION by intervenor-defendant USA to exceed page limitation before Chief Judge Charles R. Wolle (rh) (Entered: 09/09/1996)

MOTION to intervene by USA before Chief Judge Charles R. Wolle (rh) (Entered: 09/09/1996)

RESPONSE by defendant [518-1] re: motion to continue relief, [518-2] re: motion to stay before Chief Judge Charles R. Wolle (rh) (Entered: 09/04/1996)

ORDER by Chief Judge Charles R. Wolle ; In-court hearing 10/15/96 @ 9:00 am (cc: all counsel) (rh) (Entered: 08/29/1996)

MEMORANDUM by plaintiff in support [518-1] of motion to continue relief, [518-2] of motion to stay before Chief Judge Charles R. Wolle (rh) (Entered: 09/03/1996)

MOTION by plaintiff to continue relief , and to stay before Chief Judge Charles R. Wolle {cc rec'd. in clk's office 8/30/96} (rh) (Entered: 09/03/1996)

CLERK'S COURT MINUTES: courtroom clerk: S. Dooley; court reporter: T. Martin; motion for termination of relief before Chief Judge Charles R. Wolle [505-1] ; hearing held 8:00 8/27/96 (rh) (Entered: 08/27/1996)

CLERK'S COURT MINUTES: courtroom clerk: M. Alexander; court reporter: T. Martin; ; Telephone Hrg held (cc: JS10) (rh) (Entered: 08/22/1996)

ORDER by Chief Judge Charles R. Wolle setting hearing on motion for termination of relief before Chief Judge Charles R. Wolle [505-1] 8:00 8/27/96 ; Telephone Hearing 8/22/96 @ 11:00 (cc: all counsel FAXED on 8/20/96) (rh) (Entered: 08/21/1996)

ORDER by Chief Judge Charles R. Wolle - CERTIFICATION TO U.S. ATTY. GEN. - re: Prison Litigation Reform Act (cc: all counsel, Reno, Nickerson) (rh) (Entered: 08/13/1996)

SUPPLEMENT by defendant [506-1] to memorandum (rh) (Entered: 08/09/1996)

CERTIFIED COPY of judgment from USCA dismissing the appeal for failure to prosecute[487-1] (cc: all counsel) (sm) (Entered: 07/29/1996)

CERTIFIED COPY of judgment from USCA dismissing the appeal for failure to prosecute[486-1] (cc: all counsel) (sm) (Entered: 07/29/1996)

ORDER by Chief Judge Charles R. Wolle setting hearing on motion for termination of relief [505-1] 8:00 8/27/96 (cc: all counsel) (rh) (Entered: 07/02/1996)

MEMORANDUM by movant in opposition to motion for termination of relief before Chief Judge Charles R. Wolle [505-1] (rh) (Entered: 06/14/1996)

ORDER by Chief Judge Charles R. Wolle re [505-1] motion for termination of relief fld. by dfts.; pla. class cnsl to respond by 6/14/96 (cc: all counsel) (rh) (Entered: 06/03/1996)