Creech v. Tewalt, et al.
| THOMAS EUGENE CREECH |
| JOSH TEWALT, Director, Idaho Department of Correction, in his official capacity, CHAD PAGE, Chief, Division of Prisons, Idaho Department of Correction, in his official capacity, UNKNOWN EMPLOYEES, AGENTS, OR CONTRACTORS OF THE IDAHO DEPARTMENT OF CORRECTION, in their official capacities and Warden TIM RICHARDSON |
| 24-978 |
| February 23, 2024 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 25 MANDATE ISSUED William A. FLETCHER, Jay S. BYBEE, Morgan B. CHRISTEN [Entered: 02/25/2024 11:14 AM] |
Filing 24
ORDER FILED. MURGUIA, Chief Judge. On February 25, 2024, Creech filed a petition for rehearing en banc from the panels opinion affirming the district courts denial of Creechs request for preliminary injunctive relief. The full court has been advised of the petition for rehearing en banc. Pursuant to the rules applicable to capital cases in which an execution date has been scheduled, a deadline was set by which any judge could request a vote on whether the panels February 24, 2024, opinion should be reheard en banc. No judge requested a vote within the time period. Accordingly, the petition for rehearing en banc is denied. En banc proceedings with respect to the panels opinion in Appeal No. 24-978 are concluded. The mandate shall issue forthwith in Appeal No. 24-978. [Entered: 02/25/2024 11:11 AM]
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| Filing 23 PETITION FOR REHEARING EN BANC filed by Appellant Thomas Eugene Creech. [Entered: 02/25/2024 08:39 AM] |
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Filing 22
ORDER FILED. Any petition for panel rehearing or rehearing en banc from the panels February 24, 2024, opinion in Appeal No. 24-978 is due at 10:00 a.m. Pacific Time on Sunday, February 25. The appellees may file an optional response to the petition on or before 3:00 p.m. Pacific Time on Sunday, February 25. [Entered: 02/24/2024 07:39 PM]
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| Filing 21 PER CURIAM OPINION (William A. FLETCHER, Jay S. BYBEE, Morgan B. CHRISTEN) AFFIRMED. FILED AND ENTERED JUDGMENT. [Entered: 02/24/2024 07:15 PM] |
| Filing 19 ADDED Counsel for Appellee Tanner Smith for Appellee Chad Page, Appellee Josh Tewalt, Appellee Tim Richardson. [Entered: 02/24/2024 02:38 PM] |
| Filing 18 RESPONSE to Motion for Injunctive Relief (DE 15) filed by Appellee Josh Tewalt, Appellee Chad Page, Appellee Unknown Employees, Agents, or Contractors of the Idaho Department of Correction, Appellee Tim Richardson. [Entered: 02/24/2024 02:29 PM] |
| Filing 17 NOTICE OF APPEARANCE by Tanner Smith for Appellee Chad Page, Appellee Josh Tewalt, Appellee Tim Richardson. [Entered: 02/24/2024 01:39 PM] |
| Filing 20 SUBMITTED ON THE BRIEFS to William A. FLETCHER, Jay S. BYBEE, Morgan B. CHRISTEN. [Entered: 02/24/2024 07:08 PM] |
| Filing 16 CLERK ACTION: Letter Brief submitted at DE 13 by Appellant Thomas Eugene Creech is filed. No paper copies are required at this time. [Entered: 02/23/2024 08:31 PM] |
| Filing 15 MOTION for Injunctive Relief filed by Appellant Thomas Eugene Creech. [Entered: 02/23/2024 08:24 PM] |
| Filing 14 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Thomas Eugene Creech. [Entered: 02/23/2024 08:20 PM] |
| Filing 13 LETTER BRIEF submitted for filing by Appellant Thomas Eugene Creech. [Entered: 02/23/2024 08:03 PM] |
| Filing 12 CLERK ACTION: Letter Brief submitted at DE 11 by Appellees is filed. No paper copies are required at this time. [Entered: 02/23/2024 07:31 PM] |
| Filing 11 LETTER BRIEF submitted for filing by Appellee Josh Tewalt, Appellee Chad Page, Appellee Unknown Employees, Agents, or Contractors of the Idaho Department of Correction, Appellee Tim Richardson. [Entered: 02/23/2024 07:27 PM] |
| Filing 10 CLERK ACTION: Answering Brief submitted at DE 6 and Excerpts of Record at DE 8 and DE 9 by Appellees Josh Tewalt, Chad Page, Unknown Employees, Agents, or Contractors of the Idaho Department of Correction, and Tim Richardson are filed. No paper copies of the brief and excerpts are required at this time. [Entered: 02/23/2024 05:01 PM] |
| Filing 9 EXCERPTS OF RECORD submitted for filing by Appellee Josh Tewalt, Appellee Chad Page, Appellee Unknown Employees, Agents, or Contractors of the Idaho Department of Correction, Appellee Tim Richardson. [Entered: 02/23/2024 04:53 PM] |
| Filing 8 EXCERPTS OF RECORD submitted for filing by Appellee Josh Tewalt, Appellee Chad Page, Appellee Unknown Employees, Agents, or Contractors of the Idaho Department of Correction, Appellee Tim Richardson. [Entered: 02/23/2024 04:51 PM] |
| Filing 7 CLERK ACTION: Excerpts of Record submitted at DE 5 by Appellant Thomas Eugene Creech are filed. No paper copies of the excerpts of record are required at this time. [Entered: 02/23/2024 04:38 PM] |
| Filing 6 ANSWERING BRIEF submitted for filing by Appellee Josh Tewalt, Appellee Chad Page, Appellee Unknown Employees, Agents, or Contractors of the Idaho Department of Correction, Appellee Tim Richardson. [Entered: 02/23/2024 04:34 PM] |
| Filing 5 EXCERPTS OF RECORD submitted for filing by Appellant Thomas Eugene Creech. [Entered: 02/23/2024 04:21 PM] |
| Filing 4 CLERK ACTION: Opening Brief submitted at DE 3 by Appellant Thomas Eugene Creech is filed. No paper copies are required at this time. [Entered: 02/23/2024 03:58 PM] |
| Filing 3 OPENING BRIEF submitted for filing by Appellant Thomas Eugene Creech. [Entered: 02/23/2024 03:47 PM] |
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Filing 2
ORDER FILED. The panel has received the notice of appeal from the district courts February 23, 2024 order denying Petitioner-Appellant Creechs motion for preliminary injunction. In the interest of expediency, the parties are directed to file their respective briefs and exhibits from the district court as the briefs for this appeal. If the parties choose to do so, they may submit letter briefs addressing the district courts ruling by 9:00 pm on February 23, 2024. [Entered: 02/23/2024 02:37 PM]
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| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:20-cv-00114-AKB has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 24-978 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Counsel should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 02/23/2024 12:09 PM] |
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