United States v. Clark
| UNITED STATES OF AMERICA |
| ENOCH CLARK, III, AKA Enoch Clark |
| 23-3252 |
| December 4, 2023 |
| U.S. Court of Appeals, Tenth Circuit |
| Prisoner Petitions -Vacate Sentence |
Docket Report
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[11058852] Order filed by Judges Matheson and Bacharach - These matters are before the court on the parties' Proposal Regarding Consolidation and Abeyance. Upon consideration of the proposals offered by the parties, the court directs as follows: The following appeals are abated pending this court's resolution of United States v. Valdez, No. 22-3055: 23-3236, 23-3250, 23-3251, 23-3252, 23-3257, 23-3260, 23-3262, 23-3269, 23-3274, 23-3275, 23-3278, and 23-3277. Appeal No. 23-3256 is not abated at this time pending consideration of appellant's motion to dismiss on mootness grounds. Appeal Nos. 23-3249, 23-3268, and 23-3273 are not abated and shall proceed separately. See attached order for details. Served on 01/12/2024. [23-3236, 23-3249, 23-3250, 23-3251, 23-3252, 23-3256, 23-3257, 23-3260, 23-3262, 23-3268, 23-3269, 23-3273, 23-3274, 23-3275, 23-3277, 23-3278] [Entered: 01/12/2024 10:51 AM]
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| [11057968] Response filed by Ricardo Felix-Gamez in 23-3236, Petsamai Phommaseng in 23-3278, Gregory Rapp in 23-3277, 23-3275, 23-3274, Gary Jordan in 23-3273, Mr. David Shevlin in 23-3269, Mr. Arrick Warren in 23-3268, Mr. Nicholas Matthew Hurtado in 23-3262, Ashawntus S. McCambry in 23-3260, Booker Zachery Johnson, III in 23-3257, Mr. Calvin C. Jones in 23-3256, Enoch Clark, III in 23-3252, Jeffery Michael Roark in 23-3251, Shawn Michael Sneed in 23-3250, Vicencio Olea-Monarez in 23-3249 to this Court's Order dated December 19, 2023. Served on 01/10/2024. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-3236, 23-3278, 23-3277, 23-3275, 23-3274, 23-3273, 23-3269, 23-3268, 23-3262, 23-3260, 23-3257, 23-3256, 23-3252, 23-3251, 23-3250, 23-3249] PN [Entered: 01/10/2024 08:13 AM] |
| [11054278] Motion filed by Appellant Ricardo Felix-Gamez in 23-3236, Appellant Mr. Nicholas Matthew Hurtado in 23-3262, Appellant Ashawntus S. McCambry in 23-3260, Appellant Booker Zachery Johnson, III in 23-3257, Appellant Mr. Calvin C. Jones in 23-3256, Appellant Jeffery Michael Roark in 23-3251, Appellant Enoch Clark, III in 23-3252, Appellant Shawn Michael Sneed in 23-3250, Appellant Vicencio Olea-Monarez in 23-3249 to extend time to file a response until 01/16/2024. Served on: 12/21/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-3236, 23-3262, 23-3260, 23-3257, 23-3256, 23-3251, 23-3252, 23-3250, 23-3249] PN [Entered: 12/21/2023 02:00 PM] |
| [11054365] Minute Order filed by Clerk of the Court granting Appellants' motion for a 14-day extention of time to file a response until 01/16/2024 for Ricardo Felix-Gamez, Vicencio Olea-Monarez, Shawn Michael Sneed, Jeffery Michael Roark, Enoch Clark III, Calvin C. Jones, Booker Zachery Johnson III, Ashawntus S. McCambry and Nicholas Matthew Hurtado. Served on 12/21/2023. Text only entry - no attachment. [23-3236, 23-3249, 23-3250, 23-3251, 23-3252, 23-3256, 23-3257, 23-3260, 23-3262] [Entered: 12/21/2023 05:04 PM] |
| [11053835] Record on appeal filed. Comments: One volume containing pleadings. [23-3252] [Entered: 12/20/2023 10:59 AM] |
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[11053409] Order filed by Judge Holmes granting FPD's motion to continue appointment. Served on 12/19/2023. [23-3252] [Entered: 12/19/2023 08:58 AM]
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| [11053654] Order filed by Clerk of the Court - These matters are before the court sua sponte to direct the parties to address the possibility of procedural consolidation. All nine of these matters relate to the consolidated CCA Recording Litigation in the U.S. District Court for the District of Kansas. Within 14 days - 01/02/2024 - of the date of this order, the parties are directed to confer and file a response to the attached order. The deadline for Appellant to file an opening brief and application for COA in No. 23-3236 is suspended pending further order of this court. Served on 12/19/2023. [23-3236, 23-3249, 23-3250, 23-3251, 23-3252, 23-3256, 23-3257, 23-3260, 23-3262] [Entered: 12/19/2023 03:17 PM] |
| [11053357] Minute order filed - Record on appeal due district court 01/09/2024. (Text Only - No Attachment) [23-3252] [Entered: 12/19/2023 07:41 AM] |
| [11053322] Notice received from Enoch Clark, III that a transcript is not necessary for this appeal. Served on: 12/18/2023. Manner of Service: email [23-3252] PN [Entered: 12/18/2023 05:49 PM] |
| [11053015] Entry of appearance submitted by Paige A. Nichols for Appellant Enoch Clark, III for court review. Certificate of Interested Parties: Yes. Served on 12/18/2023. Manner of Service: email. [23-3252]--[Edited 12/18/2023 by ART to remove pdf as pleading was filed on 12/18/2023] PN [Entered: 12/18/2023 08:27 AM] |
| [11053317] Entry of appearance filed by Melody Brannon and Paige Nichols for Enoch Clark, III. CERT. OF INTERESTED PARTIES: y. Served on 12/18/2023. Manner of Service: email [23-3252] [Entered: 12/18/2023 05:23 PM] |
| [11053319] Motion filed by Appellant Enoch Clark, III to continue appointment. Served on: 12/18/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-3252] PN [Entered: 12/18/2023 05:35 PM] |
| [11053320] Docketing statement filed by Enoch Clark, III. Served on 12/18/2023. Manner of Service: email. [23-3252] PN [Entered: 12/18/2023 05:39 PM] |
| [11053321] Designation of record filed by Appellant Enoch Clark, III. Served on 12/18/2023. Manner of Service: email. [23-3252] PN [Entered: 12/18/2023 05:43 PM] |
| [11050534] Entry of appearance submitted by James A. Brown, Carrie N. Capwell Bryan C. Clark for Appellee United States of America for court review. Certificate of Interested Parties: No. Served on 12/07/2023. Manner of Service: email. --[Edited 12/07/2023 by MLB to remove pdf from docket; entry filed on 12/07/23][23-3252] JAB [Entered: 12/07/2023 10:29 AM] |
| [11050544] Entry of appearance filed by Mr. Bryan C. Clark, Mr. James A. Brown and Ms. Carrie N. Capwell for United States of America. CERT. OF INTERESTED PARTIES: n. Served on 12/07/2023. Manner of Service: email [23-3252] [Entered: 12/07/2023 10:34 AM] |
| [11049455] Prisoner case docketed. DATE RECEIVED: 12/04/2023. Docketing statement, Transcript order form, A/Pet designation of record, notice of appearance, and appointment motion due 12/18/2023 by Enoch Clark III. Notice of appearance due on 12/18/2023 for United States of America. [23-3252] [Entered: 12/04/2023 12:59 PM] |
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