Elliott v. Brown
| Mohammad Elliott |
| Sheriff Tyler S. Brown and Tyler S. Brown |
| 1:2020cv00964 |
| April 6, 2020 |
| US District Court for the District of Colorado |
| R Brooke Jackson |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 st |
| None |
Docket Report
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This docket was last retrieved on May 18, 2020. A more recent docket listing may be available from PACER.
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Filing 38
ORDER of USCA as to #27 Notice of Appeal filed by Mohammad Elliott. (USCA Case No. 20-1175) Order filed by Clerk of the Court reactivating case. Appellant's brief and appendix are due on 06/22/2020 for Mohammed Elliott. The court will set the deadline for the response brief upon receipt of Appellant's opening brief. (apesa, )
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Filing 37
ORDER granting #36 Motion for Certificate of Appealability. Grant. The motion incorrectly states that this Court held that it was required to abstain under Younger v. Harris. The Court did not abstain. The Court held that plaintiff failed to exhaust available state-law remedies. I agree that "jurists of reason could disagree with [my] resolution of [plaintiff's] constitutional claims," and for that reason the Court grants plaintiff a certificate of appealability from this Court's order and judgment of May 4, 2020. ECF Nos. 25 and 26. By Judge R. Brooke Jackson on 5/18/2020. Text Only Entry(rbjsec.)
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| Filing 36 MOTION for Certificate of Appealability by Petitioner Mohammad Elliott. (Attachments: #1 Exhibit Court of Appeals Order)(Halperin, Eric) |
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Filing 35
ORDER of USCA as to #27 Notice of Appeal filed by Mohammad Elliott. (USCA Case No. 20-1175) the court directs a limited remand to the district court to consider whether to issue a COA for this appeal. This court abates this proceeding. (apesa, ) Modified on 5/13/2020 to add text (apesa, ).
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| Filing 34 LETTER TO USCA and all counsel certifying the record is complete as to #27 Notice of Appeal filed by Mohammad Elliott. A transcript order form was filed stating that the necessary transcript is already on file. ( Appeal No. 20-1175) Text Only Entry (apesa, ) |
| Filing 33 TRANSCRIPT ORDER FORM re #27 Notice of Appeal by Petitioner Mohammad Elliott (Boykin, Olevia) |
| Filing 32 RECEIPT for Notice of Appeal Filing Fee re: #27 Notice of Appeal, as to Petitioner Mohammad Elliott. (apesa, ) |
| Filing 31 Administrative Notice: No filing fee received re: Notice of Appeal #27 . Attorney contacted with instructions to submit filing fee. (Text Only Entry) (apesa, ) |
| Filing 30 TRANSCRIPT of Motion Hearing held on April 22, 2020 before Judge Jackson. Pages: 1-51. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (smitc, ) |
| Filing 29 USCA Case Number 20-1175 for #27 Notice of Appeal filed by Mohammad Elliott. Docketing statement, transcript order form and notice of appearance due 05/21/2020 for Mohammed Elliott. Notice of appearance due on 05/21/2020 for Tyler S. Brown. (apesa, ) |
| Filing 28 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #27 Notice of Appeal filed by Mohammad Elliott to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: #1 Docket Sheet, #2 Preliminary Record)(apesa, ) Modified on 5/8/2020 to change file date(apesa, ). |
| Filing 27 NOTICE OF APPEAL as to #26 Judgment by Petitioner Mohammad Elliott (Filing fee $ 505). (Boykin, Olevia) |
| Filing 26 FINAL JUDGMENT: Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C.2241 (c)(3) is DENIED by Judge R. Brooke Jackson on 5/4/20. (jdyne, ) |
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Filing 25
Petitioner's application for habeas corpus relief is denied. Motion for a temporary restraining order, ECF No. 3, is denied as moot. by Judge R. Brooke Jackson on 5/4/20.(jdyne, )
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| Filing 24 MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Motion Hearing held on 4/22/2020. Matter is TAKEN UNDER ADVISEMENT, written order to issue. Court Reporter: Sarah Mitchell. (jdyne, ) |
| Filing 23 RESPONSE to #3 Emergency MOTION for Temporary Restraining Order or Expedited Consideration 18th Judicial District Attorneys Office as party of interest filed by Respondent Tyler S. Brown. (Edson, Jacob) |
| Filing 22 NOTICE of Entry of Appearance by Eric Ian Halperin on behalf of Mohammad ElliottAttorney Eric Ian Halperin added to party Mohammad Elliott(pty:pet) (Halperin, Eric) |
| Filing 21 RESPONSE to #3 Emergency MOTION for Temporary Restraining Order or Expedited Consideration and Application for Writ of Habeas Corpus filed by Respondent Tyler S. Brown. (Attachments: #1 Exhibit 1 Motion to Supplement the Petition, #2 Exhibit 2 Response to Motion for Special Prosecutor, #3 Exhibit 3 Order re Motion for Appointment of Special Prosecutor, #4 Exhibit 4 Order re Preliminary Hearing, #5 Exhibit 5 Line Declaration)(Taylor, Rebecca) |
| Filing 20 NOTICE of Entry of Appearance 18th Judicial District Attorneys Office, State of Colorado as a party of interest by Jacob Alan Edson on behalf of Tyler S. Brown, Mohammad ElliottAttorney Jacob Alan Edson added to party Tyler S. Brown(pty:res) (Edson, Jacob) |
| Filing 19 NOTICE of Supplemental Authorities by Petitioner Mohammad Elliott (Attachments: #1 Exhibit to Notice of Supplemental Authority)(Mueller, Adam) |
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Filing 18
MINUTE ORDER: The Temporary Restraining Order hearing set for April 22, 2020 at 10:30 a.m. is converted to a video conference. The Clerk's office will email parties with directions on video appearance and testing as well as providing a new conference call in number for the defendant, who may still appear via telephone. by Judge R. Brooke Jackson on 4/10/20. Text Only Entry (jdyne, )
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Filing 17
AMENDED MINUTE ORDER re: 11 MINUTE ORDER re: #3 Emergency MOTION for Temporary Restraining Order or Expedited Consideration. The motion for temporary restraining order is set for a Hearing on April 22, 2020 at 10:30 AM in Courtroom A 902 before Judge R. Brooke Jackson. Counsel can attend in person or by telephone. The plaintiff, Mr. Elliott, may also appear telephonically from the Arapahoe County Detention Facility. Those appearing telephonically are directed to contact the Court using conference number 888-204-5984 and access Code 7557338#. The Court requests a prompt response from the defendant and that plaintiff notify defendant of the motion and this minute order. In addition, the Court will permit the state prosecutor to enter and appear for purposes of this hearing. By Judge R. Brooke Jackson on 4/10/2020. Text Only Entry (rbjsec. )
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| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Petitioner Mohammad Elliott All parties do not consent.. (Mueller, Adam) |
| Filing 15 CERTIFICATE of Applicant's Signature re: #1 Application for Writ of Habeas Corpus,,,,, by Petitioner Mohammad Elliott. (Attachments: #1 Exhibit Exhibit 1 to Certification of Applicant's Signature (Signature of Petitioner))(Mueller, Adam) |
| Filing 14 DISREGARD, DOCKETING ERROR - Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rvill, ) Modified to note entry was made in error on 4/9/2020 (rvill, ). |
| Filing 13 NOTICE of Entry of Appearance by Rebecca McClain Taylor on behalf of Tyler S. BrownAttorney Rebecca McClain Taylor added to party Tyler S. Brown(pty:res) (Taylor, Rebecca) |
| Filing 12 NOTICE of Entry of Appearance by Writer Mott on behalf of Tyler S. BrownAttorney Writer Mott added to party Tyler S. Brown(pty:res) (Mott, Writer) |
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Filing 11
MINUTE ORDER re: #3 Emergency MOTION for Temporary Restraining Order or Expedited Consideration. The motion for temporary restraining order is set for a telephonic hearing on April 22, 2020 at 10:30 AM in Courtroom A 902 before Judge R. Brooke Jackson. Counsel are directed to contact the Court using conference number 888-204-5984 and access Code 7557338#. The Court requests a prompt response from the defendant and that plaintiff notify defendant of the motion and this minute order. By Judge R. Brooke Jackson on 4/7/2020. Text Only Entry (rbjsec. )
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| Filing 10 NOTICE of Entry of Appearance by David Scott Kaplan on behalf of Mohammad ElliottAttorney David Scott Kaplan added to party Mohammad Elliott(pty:pet) (Kaplan, David) |
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Filing 9
ORDER OF RECUSAL. The undersigned Judge has potential difficulties with availability during critical stages of the case and therefore recuses himself from this matter and directs the Clerk's office to reassign this matter by random draw. Case randomly reassigned to Judge R. Brooke Jackson for all further proceedings. All future pleadings should be designated as 20-cv-00964-RBJ. By Judge Raymond P. Moore on 4/7/2020. (rvill, )
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| Filing 8 NOTICE of Entry of Appearance by Olevia Boykin on behalf of Mohammad ElliottAttorney Olevia Boykin added to party Mohammad Elliott(pty:pet) (Boykin, Olevia) |
| Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cmadr, ) |
| Filing 6 Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (cmadr, ) |
| Filing 5 Filing fee: $ 5.00, receipt number COX094695. (alave, ) |
| Filing 4 Administrative Notice: No filing fee received with case opening. Attorney contacted with instructions to submit filing fee within 3 hours. (Text Only Entry) (cmadr, ) |
| Filing 3 Emergency MOTION for Temporary Restraining Order or Expedited Consideration by Petitioner Mohammad Elliott. (Attachments: #1 Exhibit COVID-19 Letter - C Franco-Paredes MD (002), #2 Exhibit Addendum 1 COVID-19 Letter - C Franco-Paredes MD)(Mueller, Adam) |
| Filing 2 BRIEF re #1 Application for Writ of Habeas Corpus,,,,, by Petitioner Mohammad Elliott. (Mueller, Adam) |
| Filing 1 Emergency APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 Attorney Adam Neil Mueller added to party Mohammad Elliott(pty:pet), filed by Mohammad Elliott. (Attachments: #1 Exhibit Transcript 1_10_2020, #2 Exhibit Motion for Bond Modification Under 16-4-109, #3 Exhibit Transcript 11_05_2019, #4 Exhibit Order to Dismiss All Counts, #5 Exhibit Motion to Dismiss All Counts, #6 Exhibit Transcript 09_06_2019, #7 Exhibit Transcript 08_29_2019, #8 Exhibit Order for Warrant_ Complaint and Information, #9 Exhibit PC Affidavit - 19CR2654, #10 Exhibit Objection to Motion to Enhance Bond, #11 Exhibit Motion to Enhance Bond, #12 Exhibit Transcript 08_06_2019, #13 Exhibit CPAT, #14 Exhibit Complaint and Information - 19CR2440, #15 Exhibit PC Affidavit - 19CR2440, #16 Exhibit Order_ Motion to Compel the Disclosure of Witness Contact Information, #17 Exhibit COA Bail Petition, #18 Exhibit COA Denial, #19 Exhibit Pretrial Risk Assessment Tool, #20 Exhibit Motion for Special Prosecutor, #21 Exhibit Forthwith Motion for Bond Modification, #22 Exhibit Response Forthwith Motion for Bond Modification, #23 Exhibit Order re Forthwith Motion for Bond Modification)(Mueller, Adam) |
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