United States of America v. Elliott
| JOSEPH ELLIOTT and Rat Bat |
| UNITED STATES OF AMERICA |
| 25-3005 |
| November 26, 2025 |
| U.S. Court of Appeals, Second Circuit |
| Constitutionality of State Statutes |
Docket Report
This docket was last retrieved on April 17, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 SO-ORDERED SCHEDULING NOTIFICATION, setting Appellee United States of America's Brief due date as 07/13/2026, FILED. [Entered: 04/17/2026 09:31 AM] |
| Filing 18 LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellee United States of America, informing Court of proposed due date 07/13/2026, RECEIVED. Service date 04/16/2026 by ACMS. [Entered: 04/16/2026 08:49 PM] |
| Filing 17 SEALED PRE-SENTENCE REPORT, on behalf of Appellant Joseph Elliott, RECEIVED. [Entered: 04/14/2026 02:27 PM] |
| Filing 16 MOTION, to be relieved as counsel (Anders), on behalf of Appellant Joseph Elliott, FILED. Service date 04/13/2026 by ACMS. [Entered: 04/13/2026 10:02 PM] |
| Filing 15 ANDERS BRIEF, on behalf of Appellant Joseph Elliott, FILED. Service date 04/13/2026 by ACMS. [Entered: 04/13/2026 10:00 PM] |
| Filing 14 APPENDIX, volume 1 of 1, (pp. 1 - 132), on behalf of Appellant Joseph Elliott, FILED. Service date 04/13/2026 by ACMS. [Entered: 04/13/2026 03:13 PM] |
| Filing 13 SO-ORDERED SCHEDULING NOTIFICATION, setting Appellant Joseph Elliott's, Brief due date as 04/13/2026, Appendix due date as 04/13/2026, FILED. [Entered: 01/12/2026 12:46 PM] |
| Filing 12 LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellant Joseph Elliott, informing Court of proposed due date 04/13/2026, RECEIVED. Service date 01/12/2026 by ACMS. [Entered: 01/12/2026 11:40 AM] |
| Filing 11 TRANSCRIPT STATUS UPDATE LETTER, dated 12/29/2025, on behalf of Appellant Joseph Elliott, informing court of transcript delays, RECEIVED. Service date 12/29/2025 by ACMS. [Entered: 12/29/2025 10:11 AM] |
| Filing 10 TRANSCRIPT STATUS UPDATE LETTER, dated 12/15/2025, on behalf of Appellant Joseph Elliott, informing court of transcript delays, RECEIVED. Service date 12/15/2025 by ACMS. [Entered: 12/15/2025 12:49 PM] |
| Filing 9 NEW CASE MANAGER, Karen Scarangella, ASSIGNED. [Entered: 12/03/2025 01:17 PM] |
| Filing 8 FORM B, on behalf of Appellant Joseph Elliott, FILED. Service date 12/01/2025 by ACMS. [Entered: 12/01/2025 12:45 PM] |
| Filing 7 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellant Joseph Elliott, FILED. Service date 12/01/2025 by ACMS. [Entered: 12/01/2025 12:44 PM] |
| Filing 6 ATTORNEY, Justin L. Brooke for Appellee United States of America, ADDED. [Entered: 11/26/2025 04:33 PM] |
| Filing 5 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL/ADDITIONAL COUNSEL, on behalf of United States of America, FILED. [Entered: 11/26/2025 03:38 PM] |
| Filing 4 CRIMINAL APPEAL, on behalf of Appellant Joseph Elliott, OPENED. [Entered: 11/26/2025 02:14 PM] |
| Filing 3 ELECTRONIC INDEX, in lieu of record, FILED. [Entered: 11/26/2025 02:10 PM] |
| Filing 2 DISTRICT COURT JUDGMENT, dated 10/21/2025, RECEIVED. [Entered: 11/26/2025 02:07 PM] |
| Filing 1 NOTICE OF CRIMINAL APPEAL, with district court docket, on behalf of Appellant Joseph Elliott, FILED. [Entered: 11/26/2025 02:05 PM] |
| Filing 41 CLERK ACTION: Redacted Opening Brief submitted at DE 40 by Appellant City and County of San Francisco, Appellant San Francisco Police Department, Appellant San Francisco Department of Public Works, Appellant San Francisco Department of Homelessness and Supportive Housing, Appellant San Francisco Fire Department, Appellant San Francisco Department of Emergency Management is filed. No paper copies are required. [Entered: 10/07/2025 04:17 PM] |
Filing 38
ORDER FILED. Before: Lisa B. Fitzgerald, Appellate Commissioner. Pursuant to the parties stipulation (Docket Entry No. 37), the clerk will file publicly the redacted amended opening brief (Docket Entry No. 37.2) and dismiss this appeal. See Fed. R. App. P. 42(b). All pending motions are denied as moot. All documents submitted or filed under provisional seal will remain sealed. This order serves as the mandate of the court. [Entered: 10/06/2025 10:04 AM]
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| Filing 40 OPENING BRIEF submitted for filing by Appellant City and County of San Francisco, Appellant San Francisco Police Department, Appellant San Francisco Department of Public Works, Appellant San Francisco Department of Homelessness and Supportive Housing, Appellant San Francisco Fire Department, Appellant San Francisco Department of Emergency Management.--[court entered filing to correct DE 37] [Entered: 10/07/2025 04:14 PM] |
| Filing 39 DEFECTIVE --- OPENING BRIEF submitted for filing by Appellee Coalition on Homelessness, Appellee Sarah Cronk, Appellee Joshua Donohoe, Appellee Molique Frank, Appellee David Martinez, Appellee Teresa Sandoval.--[court entered filing to correct DE 37]--[incorrect entry, correct entry at DE 40] [Entered: 10/07/2025 04:11 PM] [Edited: 10/07/2025 04:16 PM] |
| Filing 37 MOTION to Dismiss filed by Appellee Coalition on Homelessness, Appellee Sarah Cronk, Appellee Joshua Donohoe, Appellee Molique Frank, Appellee David Martinez, Appellee Teresa Sandoval. [Entered: 10/01/2025 01:53 PM] |
Filing 36
ORDER FILED. The motion (Docket Entry No. 35) for a further stay of appellate proceedings is granted. Appellate proceedings are stayed until October 2, 2025. If no motion for further relief is filed before this date, the remaining briefing schedule will be reset in a future order. [Entered: 09/16/2025 10:18 AM]
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| Filing 35 MOTION to Stay Proceedings in this Court filed by Appellee Coalition on Homelessness, Appellee Sarah Cronk, Appellee Joshua Donohoe, Appellee Molique Frank, Appellee David Martinez, Appellee Teresa Sandoval. [Entered: 09/11/2025 02:32 PM] |
| Filing 34 TERMINATED participation of Counsel for Appellee Larissa Grijalva, representing Appellee Coalition on Homelessness, Appellee David Martinez, Appellee Joshua Donohoe, Appellee Molique Frank, Appellee Sarah Cronk, Appellee Teresa Sandoval. [Entered: 09/05/2025 11:47 AM] |
| Filing 33 NOTICE of Withdrawal as Counsel filed by Larissa Grijalva. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [Entered: 09/05/2025 10:55 AM] |
Filing 32
ORDER FILED. The motion (Docket Entry No. 28) to stay appellate proceedings is granted. The briefing schedule is vacated. Appellate proceedings are stayed until September 12, 2025. If no motion for further relief is filed before this date, the remaining briefing schedule will be reset in a future order. [Entered: 07/24/2025 10:26 AM]
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| Filing 28 MOTION to Stay Proceedings in this Court filed by Appellant City and County of San Francisco, Appellant San Francisco Police Department, Appellant San Francisco Department of Public Works, Appellant San Francisco Department of Homelessness and Supportive Housing, Appellant San Francisco Fire Department, Appellant San Francisco Department of Emergency Management. [Entered: 07/17/2025 09:57 AM] |
| Filing 31 EXCERPTS OF RECORD UNDER SEAL, Volume 14 submitted for filing by Appellant City and County of San Francisco, Appellant San Francisco Police Department, Appellant San Francisco Department of Public Works, Appellant San Francisco Department of Homelessness and Supportive Housing, Appellant San Francisco Fire Department, Appellant San Francisco Department of Emergency Management.--[court entered filing of excerpts submitted at DE 26] [Entered: 07/22/2025 02:22 PM] |
| Filing 30 EXCERPTS OF RECORD UNDER SEAL, Volumes 11-13 submitted for filing by Appellant City and County of San Francisco, Appellant San Francisco Police Department, Appellant San Francisco Department of Public Works, Appellant San Francisco Department of Homelessness and Supportive Housing, Appellant San Francisco Fire Department, Appellant San Francisco Department of Emergency Management.--[court entered filing of excerpts submitted at DE 24] [Entered: 07/22/2025 02:20 PM] |
| Filing 29 OPENING BRIEF UNDER SEAL submitted for filing by Appellant City and County of San Francisco, Appellant San Francisco Police Department, Appellant San Francisco Department of Public Works, Appellant San Francisco Department of Homelessness and Supportive Housing, Appellant San Francisco Fire Department, Appellant San Francisco Department of Emergency Management.--[court entered filing of brief submitted at DE 24] [Entered: 07/22/2025 02:14 PM] |
| Filing 27 MOTION to Transmit Physical Exhibit filed by Appellant City and County of San Francisco, Appellant San Francisco Police Department, Appellant San Francisco Department of Public Works, Appellant San Francisco Department of Homelessness and Supportive Housing, Appellant San Francisco Fire Department, Appellant San Francisco Department of Emergency Management. [Entered: 07/11/2025 03:39 PM] |
| Filing 26 MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Appellant City and County of San Francisco, Appellant San Francisco Police Department, Appellant San Francisco Department of Public Works, Appellant San Francisco Department of Homelessness and Supportive Housing, Appellant San Francisco Fire Department, Appellant San Francisco Department of Emergency Management.--[COURT UPDATE: Corrected PDF attached as of 7/22/2025, REPLACING original attachment] [Entered: 07/11/2025 03:35 PM] [Edited: 07/22/2025 02:01 PM] |
| Filing 25 EXCERPTS OF RECORD submitted for filing by Appellant City and County of San Francisco, Appellant San Francisco Police Department, Appellant San Francisco Department of Public Works, Appellant San Francisco Department of Homelessness and Supportive Housing, Appellant San Francisco Fire Department, Appellant San Francisco Department of Emergency Management.--[COURT UPDATE: Corrected PDF attached as of 7/22/2025, REPLACING original attachment] [Entered: 07/11/2025 03:27 PM] [Edited: 07/22/2025 01:59 PM] |
| Filing 24 NOTICE of Intent to Unseal and Document Submitted Provisionally Under Seal filed by Appellant City and County of San Francisco, Appellant San Francisco Police Department, Appellant San Francisco Department of Public Works, Appellant San Francisco Department of Homelessness and Supportive Housing, Appellant San Francisco Fire Department, Appellant San Francisco Department of Emergency Management.--[COURT UPDATE: Corrected PDF attached as of 7/22/2025, REPLACING original attachment] [Entered: 07/11/2025 03:19 PM] [Edited: 07/22/2025 01:59 PM] |
| Filing 23 Amended Notice of Appeal Received. [Entered: 07/11/2025 11:11 AM] |
Filing 22
ORDER FILED. Barry G. SILVERMAN, Kenneth K. LEE, Lawrence VANDYKE The motion (Docket Entry No. 17) to stay district court proceedings is denied. See Nken v. Holder, 556 U.S. 418, 434 (2009) (defining standard in the context of staying lower court order or judgment). The notice of intent to unseal (Docket Entry No. 18) and any motions filed in response will be addressed by separate order. The existing briefing schedule remains in effect. [Entered: 07/10/2025 11:24 AM]
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| Filing 21 MOTION to Maintain Document Under Seal filed by Appellee Coalition on Homelessness, Appellee Sarah Cronk, Appellee Joshua Donohoe, Appellee Molique Frank, Appellee David Martinez, Appellee Teresa Sandoval. [Entered: 07/08/2025 09:25 PM] |
| Filing 20 REPLY to Response to Motion to Stay Proceedings in this Court (DE 19) filed by Appellant City and County of San Francisco, Appellant San Francisco Police Department, Appellant San Francisco Department of Public Works, Appellant San Francisco Department of Homelessness and Supportive Housing, Appellant San Francisco Fire Department, Appellant San Francisco Department of Emergency Management. [Entered: 07/05/2025 08:48 AM] |
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