Vann v. Fewell, et al
| DURAYL TYREE VANN |
| JEFFREY FEWELL, Wyandotte County Jail Warden, in his individual capacity, KIMBERLY REID, ABRAHAM MESLER, Deputy Sheriff, Wyandotte County Jail, in his individual capacity, JOHN LOBNER, RYAN SCHULER, CHARLES PATRICK, Major, Wyandotte County Jail, in his individual capacity, SARAH TOMS, Head of Classification and Disciplinary, Wyandotte County Jail, in her individual capacity and LARRY ROLAND, Undersheriff |
| 25-3076 |
| May 1, 2025 |
| U.S. Court of Appeals, Tenth Circuit |
| Prison Condition |
Docket Report
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| Filing 33 [11222631] Minute order filed - the brief submitted by appellees is accepted for filing. The parties will be notified via separate docket entry if paper copies are required. Appellant's optional reply brief now due 11/07/2025 for Durayl Tyree Vann. (Text Only - No Attachment) [25-3076] [Entered: 10/14/2025 03:30 PM] |
| Filing 32 [11222566] Appellee/Respondent's brief filed by Mr. Jeffrey Fewell, John Lobner, Abraham Mesler, Charles Patrick, Kimberly Reid, Mr. Larry Roland, Ryan Schuler and Sarah Toms. Served on: 10/14/2025. Manner of service: US mail. Oral argument requested? No. Word/page count: 4881. This pleading complies with all required privacy and virus certifications: Yes. [25-3076] DEK [Entered: 10/14/2025 02:31 PM] |
| Filing 31 [11222287] Entry of appearance filed by Casey L. Meyer for Sarah Toms, Ryan Schuler, Mr. Larry Roland, Kimberly Reid, Charles Patrick, Abraham Mesler, John Lobner and Mr. Jeffrey Fewell. CERT. OF INTERESTED PARTIES: n. Served on 10/14/2025. Manner of Service: email [25-3076] [Entered: 10/14/2025 08:28 AM] |
| Filing 30 [11222190] Entry of appearance submitted by Casey Meyer for Appellees Mr. Jeffrey Fewell, John Lobner, Abraham Mesler, Charles Patrick, Kimberly Reid, Mr. Larry Roland, Ryan Schuler and Sarah Toms for court review. Certificate of Interested Parties: No. Served on 10/13/2025. Manner of Service: US mail. --[Edited 10/14/2025 by MLB to remove pdf from docket; entry filed on 10/14/25][25-3076] CLM [Entered: 10/13/2025 06:15 AM] |
| Filing 29 [11220457] Duplicate change of address notice received from Durayl Tyree Vann but not filed. Appellant's address was already changed to El Dorado CF. [25-3076] [Entered: 10/06/2025 01:10 PM] |
| Filing 28 [11219372] Order filed by Clerk of the Court denying the request for entry of default filed by Appellant Durayl Tyree Vann. Served on 10/01/2025. [25-3076] [Entered: 10/01/2025 03:50 PM] |
| Filing 27 [11219203] Request for entry of default filed by Durayl Tyree Vann. Served on 09/26/2025 on clerk only by US mail and on 10/01/2025 by email. [25-3076] --[Edited 10/02/2025 by SLS to change document to filed] [Entered: 10/01/2025 12:15 PM] |
| Filing 26 [11216714] Notice of change of address filed by Durayl Tyree Vann. (Note: Docket sheet sent to appellant with copy of this notice.) [25-3076] [Entered: 09/23/2025 12:25 PM] |
| Filing 25 [11213071] Order filed by Clerk of the Court, at the direction of the court, granting Appellees' motion to extend time to file the response brief now due 10/14/2025 for Jeffrey Fewell, John Lobner, Abraham Mesler, Charles Patrick, Kimberly Reid, Larry Roland, Ryan Schuler and Sarah Toms. No further extensions will be granted absent extraordinary circumstances. Served on 09/10/2025. Text only entry - no attachment. [25-3076] [Entered: 09/10/2025 07:37 AM] |
| Filing 24 [11212960] Motion filed by Appellees Mr. Jeffrey Fewell, John Lobner, Abraham Mesler, Charles Patrick, Kimberly Reid, Mr. Larry Roland, Ryan Schuler and Sarah Toms to extend time to file appellee/respondent's brief until 10/14/2025. Served on: 09/09/2025. Manner of service: US mail. This pleading complies with all required privacy and virus certifications: Yes. [25-3076] DEK [Entered: 09/09/2025 03:20 PM] |
| Filing 23 [11204171] Order filed by Clerk of the Court granting Appellees' motion for 30-day extension of time to file brief. Appellees' brief now due on or before 09/12/2025 for Jeffrey Fewell, John Lobner, Abraham Mesler, Charles Patrick, Kimberly Reid, Larry Roland, Ryan Schuler and Sarah Toms. No further extensions will be granted on the Clerk's authority. Served on 08/11/2025. [25-3076]--[Edited 08/11/2025 by ART to attach correct pdf] [Entered: 08/11/2025 08:04 AM] |
| Filing 22 [11204079] Motion filed by Appellees Mr. Jeffrey Fewell, John Lobner, Abraham Mesler, Charles Patrick, Kimberly Reid, Mr. Larry Roland, Ryan Schuler and Sarah Toms to extend time to file appellee/respondent's brief until 09/12/2025. Served on: 08/08/2025. Manner of service: US mail. This pleading complies with all required privacy and virus certifications: Yes. [25-3076]--[Edited 08/11/2025 by ART to correct text] DEK [Entered: 08/08/2025 03:48 PM] |
| Filing 21 [11196842] Minute order filed - Appelles' brief due 08/13/2025 for Jeffrey Fewell, John Lobner, Abraham Mesler, Charles Patrick, Kimberly Reid, Larry Roland, Ryan Schuler and Sarah Toms. (Text Only - No Attachment) [25-3076] [Entered: 07/14/2025 05:54 PM] |
| Filing 20 [11196831] Order filed by Clerk of the Court assessing costs and fees in the amount of $605. Served on 07/14/2025. [25-3076] [Entered: 07/14/2025 04:40 PM] |
| Filing 19 [11196795] Appellant's motion filed by Durayl Tyree Vann for leave to proceed without prepayment of costs and fees. Served on 07/14/2025. Manner of Service: email. [25-3076] [Entered: 07/14/2025 03:36 PM] |
| Filing 18 [11195535] Appellant brief filed by Durayl Tyree Vann. Original only. Served on 07/09/2025 by email. Required 10th Cir. R. 28.2 Attachments Included? n. [25-3076] [Entered: 07/09/2025 10:46 AM] |
Filing 17
[11195533] Order filed by Judge Holmes denying Appellant's motion to appoint attorney filed by Durayl Tyree Vann. Served on 07/09/2025. [25-3076] [Entered: 07/09/2025 10:45 AM]
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| Filing 16 [11195530] Order filed by Clerk of the Court granting Appellant's request to use Motion to Appeal as opening brief. Appellants completed PLRA form (with trust fund account statement) remain due July 23, 2025. See order. Served on 07/09/2025. [25-3076] [Entered: 07/09/2025 10:40 AM] |
| Filing 15 [11195211] Appellant's motion filed by Durayl Tyree Vann to use his Motion to Appeal as his opening brief, to appoint counsel, for an order regarding trust account statement. Served on 06/30/2025. Manner of Service:US Mail. [25-3076]--[Edited 07/09/2025 by DJD to modify text] [Entered: 07/08/2025 12:31 PM] |
| Filing 14 [11193961] Order filed by Clerk of the Court granting Attorney Jonie Cole's motion to withdraw as attorney for the appellees. Served on 07/02/2025. [25-3076] [Entered: 07/02/2025 10:12 AM] |
| Filing 13 [11193690] Motion filed by Appellees Mr. Jeffrey Fewell, John Lobner, Abraham Mesler, Charles Patrick, Kimberly Reid, Mr. Larry Roland, Ryan Schuler and Sarah Toms for attorney Joni Cole to withdraw as counsel. Served on: 07/01/2025. Manner of service: US mail, email. This pleading complies with all required privacy and virus certifications: Yes. [25-3076] JSC [Entered: 07/01/2025 12:42 PM] |
| Filing 12 [11190458] Record on appeal filed. No. of Volumes: 4, Comments: Vol. I - Pleadings; Vol. II - pleadings; Vol. III - Pleadings; Vol. IV - Sealed Pleadings, Martinez Report. [25-3076] [Entered: 06/18/2025 01:07 PM] |
| Filing 11 [11189468] Jurisdictional review complete. Appellant's brief and Fee or 1915 forms due 07/23/2025 for Durayl Tyree Vann. Record on appeal 10th circuit due 07/07/2025. [25-3076] [Entered: 06/13/2025 03:20 PM] |
| Filing 10 [11189400] Returned mail filed. Addressed To: Durayl Van at Vernon County Jail. Reason Returned: Not delverable and unable to forward. Document Returned: 05/28/2025 court order. Action Taken: none as there is not a current or better address for the appellant. [25-3076] [Entered: 06/13/2025 01:07 PM] |
| Filing 9 [11187213] Returned mail filed. Addressed To: Durayl Tyree Vann at Vernon County Jail. Reason Returned: inmate no longer here. Document Returned: 05/20/2025 deficiency notice. Action Taken: none (deficiency notice not directed to appellant and no better address on file). [25-3076] [Entered: 06/05/2025 10:38 AM] |
| Filing 8 [11185000] Order filed by Clerk of the Court referring the issues raised by its [ # 2 ] show cause order and the arguments Mr. Vann makes in his [ # 7 ] response to the panel of judges that later will be assigned to consider this appeal on its merits. No decision on those issues or arguments will enter at this time. Fee or 1915 forms due in district court on or before 06/09/2025 for Durayl Tyree Vann. Served on 05/28/2025. [25-3076] [Entered: 05/28/2025 01:38 PM] |
| Filing 7 [11184992] Response filed by Durayl Tyree Vann to [ # 2 ] Order. Served on 05/20/2025 by US mail and 05/28/2025 by email. [25-3076] [Entered: 05/28/2025 01:24 PM] |
| Filing 6 [11184116] Entry of appearance filed by Mr. Daniel E. Kuhn for Sarah Toms, Ryan Schuler, Mr. Larry Roland, Kimberly Reid, Charles Patrick, Abraham Mesler, John Lobner and Mr. Jeffrey Fewell. CERT. OF INTERESTED PARTIES: n. Served on 05/23/2025. Manner of Service: US mail [25-3076]--[Edited 05/23/2025 by ART to correct filing date] [Entered: 05/23/2025 12:04 PM] |
| Filing 5 [11184093] Entry of appearance submitted by Daniel E. Kuhn for Appellees Mr. Jeffrey Fewell, John Lobner, Abraham Mesler, Charles Patrick, Kimberly Reid, Mr. Larry Roland, Ryan Schuler and Sarah Toms for court review. Certificate of Interested Parties: No. Served on 05/23/2025. Manner of Service: US mail. [25-3076]--[Edited 05/23/2025 by ART to remove pdf as pleading was filed on 05/23/2025] DEK [Entered: 05/23/2025 11:11 AM] |
| Filing 4 [11183126] Deficiency notice issued. Type of deficiency: Appellees' notice of appearance due and not filed with the court. Notice of appearance is now due on 05/23/2025 for Jeffrey Fewell, John Lobner, Abraham Mesler, Charles Patrick, Kimberly Reid, Larry Roland, Ryan Schuler, and Sarah Toms. [25-3076] [Entered: 05/20/2025 01:53 PM] |
| Filing 3 [11183087] Entry of appearance and declaration of deposit (in the prison mail system) filed by Durayl Tyree Vann. CERT. OF INTERESTED PARTIES: n. Served on 05/12/2025 by US mail and 05/20/2025 by email [25-3076]--[Edited 05/20/2025 by ART to add text] [Entered: 05/20/2025 12:40 PM] |
| Filing 2 [11178399] Jurisdiction challenged. Appellant's memorandum brief due 05/22/2025 for Durayl Tyree Vann. Briefing on the merits is suspended pending further order of this court. [25-3076] [Entered: 05/01/2025 12:05 PM] |
| Filing 1 [11178360] Prisoner case docketed. DATE RECEIVED: 05/01/2025. Fee or 1915 forms due in district court 06/02/2025 for Durayl Tyree Vann. Notice of appearance due on 06/02/2025 for Durayl Tyree Vann. Notice of appearance due on 05/15/2025 for Jeffrey Fewell, John Lobner, Abraham Mesler, Charles Patrick, Kimberly Reid, Larry Roland, Ryan Schuler, and Sarah Toms. [25-3076] [Entered: 05/01/2025 10:18 AM] |
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