Gunter v. State of Oklahoma, et al
| MELISSA GUNTER, AUSTIN GUNTER and AARON VANBUSKIRK |
| STATE OF OKLAHOMA, CITY OF SHAWNEE, DEPARTMENT OF THE TREASURY, GOVERNOR STIT, POTTAWATOMIE COUNTY TWENTY-THIRD JUDICIAL DISTRICT COURT, JOHN CANAVAN, in his individual and official capacity as District Court Judge, TRACY MCDANIEL, in her individual and official capacity as Associate District Judge, EMILY MUELLER, in her individual and official capacity as Special District Judge, MICHELLE FREEMAN, in her individual and official capacity as Guardian ad Litem, ALLEN GRUBB, in his individual and official capacity as District Attorney, COREY STONE, in his individual and official capacity as Assistant District Attorney, POTTAWATOMIE COUNTY DEPARTMENT OF HUMAN SERVICES, TISHA JONES, in her individual and official capacity as child welfare worker, BRENDEN WEAVER, in his individual and official capacity as child welfare worker, KREMENA ILSHIVA, in her individual and individual capacity as child welfare supervisor, SHERRI HOUSE, in her individual and official capacity as director, MARRIANNE MILLER, in her individual and official capacity as attorney at law, NOEL TUCKER, in her individual and official capacity as attorney at law and DEPARTMENT OF INTERIOR |
| 24-6049 |
| March 19, 2024 |
| U.S. Court of Appeals, Tenth Circuit |
| Other Civil Rights |
Docket Report
This docket was last retrieved on May 15, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| [11090306] Record on appeal filed. No. of Volumes: 5. Volumes I - III: Pleadings and Volumes IV - V: Sealed Attachments. [24-6049, 24-6069, 24-6070, 24-6078, 24-6079, 24-6080] [Entered: 05/15/2024 09:51 AM] |
| [11089506] Order filed by Clerk of the Court. This matter was dismissed for failure to prosecute by order entered May 7, 2024. The appellant filed two Motions to Reopen. Based on the content of those motions, we have determined the dismissal of this appeal was the result of clerical error. Therefore, this appeal is reinstated. The mandate is recalled. The first Motion to Reopen is granted, and the second Motion to Reopen is denied as moot. The jurisdictional issues presented in the courts orders to show cause entered March 19 and April 18, 2024, and the appellants memorandum briefs filed April 3 and May 6, 2024, are referred to the panel of judges that will be assigned later to consider this appeal after briefing. The motion for Joint Appeal is denied. Please see Order for additional information. Served on 05/13/2024. [24-6049]--[Edited 05/13/2024 by ART to correct text and to attach correct pdf] [Entered: 05/13/2024 10:50 AM] |
| [11089696] District court order granting leave to proceed in forma pauperis filed 09/01/2023. [24-6049, 24-6069, 24-6070, 24-6078, 24-6079, 24-6080] [Entered: 05/13/2024 02:40 PM] |
| [11089706] Order filed by Clerk of the Court. These six appeals are consolidated for all procedural purposes, including briefing and submission to the court. The clerk is directed to file one pro se record on appeal for filing in all six appeals. The parties must file consolidated briefs, except where the courts rules expressly permit separate briefing. Appellants' consolidated opening brief must be filed within 40 days of the date of this order. Please see Order for additional information. Served on 05/13/2024. [24-6049, 24-6069, 24-6070, 24-6078, 24-6079, 24-6080] --[Added docket text 05/13/2024 by SLS] [Entered: 05/13/2024 02:50 PM] |
| [11089728] Jurisdictional review complete. One record on appeal for all six appeals due for 10th circuit 06/03/2024. One opening brief for all six appeals due on 06/24/2024 for Melissa Gunter, Austin Gunter and Aaron VanBuskirk. (In addition to electronic service of this letter, it has been mailed with a copy of the consolidation order and the brief form to the appellants.) [24-6049, 24-6069, 24-6070, 24-6078, 24-6079, 24-6080] [Entered: 05/13/2024 03:27 PM] |
| [11089468] Appellant's motion filed by Melissa Gunter to reopen under 10th Cir R. 42.2. Served on 05/09/2024. Manner of Service: US mail. [24-6049] [Entered: 05/13/2024 09:44 AM] |
| [11089470] Appellant's motion filed by Melissa Gunter to reopen under 10th Cir R. 42.2. Served on 05/09/2024. Manner of Service: US mail. [24-6049] [Entered: 05/13/2024 09:46 AM] |
| [11089813] Disclosure Statement received from Melissa Gunter but not filed. [24-6049] [Entered: 05/13/2024 06:02 PM] |
| [11089472] Appellant's motion filed by Melissa Gunter for joint appeal. Served on 05/09/2024. Manner of Service: US mail. [24-6049] [Entered: 05/13/2024 09:50 AM] |
| [11088267] Default; Procedural termination without judicial action. Please see Order for additional information. [24-6049]--[Edited 05/07/2024 by ART to add text] [Entered: 05/07/2024 03:04 PM] |
| [11088269] Mandate issued. [24-6049] --[Edited by SLS to note the mandate has been RECALLED per order filed 05/13/2024 ] [Entered: 05/07/2024 03:07 PM] |
| [11089494] Appellant memorandum brief filed by Melissa Gunter. Served on 04/30/2024. Manner of Service: US mail. [24-6049] [Entered: 05/13/2024 10:28 AM] |
| [11083011] Order filed by Clerk of the Court. The appellant is directed to supplement the initial memorandum brief with legal authority showing cause as to why this appeal should not be dismissed for lack of appellate jurisdiction. Supplement to initial memorandum brief /response to this order due 05/02/2024 for Melissa Gunter. Please see Order for additional information. Served on 04/18/2024. [24-6049]--[Edited 04/18/2024 by ART to correct text] [Entered: 04/18/2024 07:08 AM] |
| [11082235] Supplemental preliminary record filed. Contents: DC Order denying docs 30, 31, and 38. [24-6049] [Entered: 04/15/2024 03:14 PM] |
| [11081382] Amended notice of appeal filed. [24-6049] [Entered: 04/11/2024 08:08 AM] |
| [11080472] Order filed by Clerk of the Court denying motion to correct clerical mistake filed by Appellant Melissa Gunter. Proceedings in this appeal remain abated pending further order of this court. Served on 04/08/2024. [24-6049] [Entered: 04/08/2024 03:44 PM] |
| [11080467] Appellant's motion filed by Melissa Gunter to correct clerical mistake. Served on 04/05/2024. Manner of Service: US mail. [24-6049] [Entered: 04/08/2024 03:36 PM] |
| [11079362] Entry of appearance received from Austin Gunter but not filed. Served on 04/02/2024. Manner of Service: US mail. [24-6049] [Entered: 04/03/2024 01:52 PM] |
| [11079351] Consent to electronic service filed by filed by Melissa Gunter. Served on 04/02/2024. Manner of Service: US mail. [24-6049] [Entered: 04/03/2024 01:42 PM] |
| [11079348] Entry of appearance filed by Melissa Gunter. CERT. OF INTERESTED PARTIES: y. Served on 04/02/2024. Manner of Service: US mail [24-6049]--[Edited 04/04/2024 by DJD to OCR document] [Entered: 04/03/2024 01:40 PM] |
| [11079363] Consent to electronic service received from Austin Gunter but not filed. Served on 04/02/2024. Manner of Service: US mail. [24-6049] [Entered: 04/03/2024 01:54 PM] |
| [11079474] Appellant's brief and memorandum on appeal filed by Melissa Gunter. Served on 04/02/2024. Manner of Service: US mail. [24-6049] [Entered: 04/03/2024 04:32 PM] |
| [11079479] Order filed by Clerk of the Court abating appeal pending the resolution of ECF No. 38. We ask that the district court transmit a supplemental preliminary record at the appropriate time that will inlcude the district court's resolution of ECF No. 38. Nothing else is required from the appellant at this time. Please see Order for additional information. Served on 04/03/2024. [24-6049]--[Edited 04/03/2024 by ART to correct text] [Entered: 04/03/2024 04:42 PM] |
| This entry has been removed from the docket as brief and memorandum have been filed on the docket. [ART] [11079372] Brief and Memorandum on Appeal received from Melissa Gunter and Austin Gunter but not filed. Served on 04/02/2024. Manner of Service: US mail. [24-6049]--[Edited 04/03/2024 by ART to correct text] [Entered: 04/03/2024 02:02 PM] |
| [11075421] Jurisdiction challenged. Appellant's memorandum brief due 04/02/2024 for Melissa Gunter. If a memorandum brief is not filed by the deadline, or if the memorandum brief does not address the jurisdictional and dispositive issue identified in this order, the appeal may be dismissed for lack of prosecution. [24-6049] [Entered: 03/19/2024 02:59 PM] |
| [11075345] Civil case docketed. Preliminary record filed. DATE RECEIVED: 03/19/2024 Notice of appearance and fee or ifp forms due 04/18/2024 for Melissa Gunter. [24-6049] [Entered: 03/19/2024 01:27 PM] |
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