Vail, et al. v. Dunleavy, et al.
| RORY VAIL, JIM ADAMS, CHRISTOPHER NICKALASKEY, CLARENCE SHIRLEY, STEPHANIE OLRUN, NICK EPHAMKA, JR., ANTHONY GILLIAM, GAVIN CHRISTIANSEN, JEREMY WHITLOW and NAOMI HOLT, on behalf of themselves and all others similarly situated |
| MICHAEL DUNLEAVY, Governor of Alaska, JENNIFER WINKELMAN, Commissioner of the Alaska Department of Corrections and TRAVIS WELCH, Department of Corrections Director of Health and Rehabilitation Services, in their official capacities |
| 26-631 |
| February 2, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
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Filing 8
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 7) granted. Amended briefing schedule: Answering Brief Due (Appellee) 6/22/2026, Opening Brief Due (Appellant) 5/22/2026. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 04/02/2026 03:41 PM]
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| Filing 7 Streamlined Request for Extension of Time to File Brief filed by Appellant Michael Dunleavy. [Entered: 04/02/2026 11:29 AM] |
| Filing 6 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [Entered: 02/13/2026 01:22 PM] |
| Filing 5 TERMINATED participation of Counsel for Appellee Ruth Botstein, representing Appellee Anthony Gilliam, Appellee Christopher Nickalaskey, Appellee Clarence Shirley, Appellee Gavin Christiansen, Appellee Jeremy Whitlow, Appellee Jim Adams, Appellee Naomi Holt, Appellee Nick Ephamka, Jr., Appellee Rory Vail, Appellee Stephanie Olrun. [Entered: 02/11/2026 12:07 PM] |
| Filing 4 NOTICE of Withdrawal as Counsel filed by Ruth Botstein. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [Entered: 02/11/2026 12:04 PM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Michael Dunleavy. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 02/09/2026 01:25 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Answering Brief Due (Appellee) 5/22/2026, Mediation Questionnaire due (Appellant) 2/9/2026, Appeal Opening Brief Due (Appellant) 4/22/2026, Appeal Transcript Due (Appellant) 3/13/2026, Appeal Transcript Order Due (Appellant) 2/11/2026. For appeal no. 26-631, 3:25-cv-00086-SAB. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 02/02/2026 12:40 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:25-cv-00086-SAB 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 26-631 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. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 02/02/2026 12:33 PM] |
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