Wheeler v. Gardner

20050166 LeRoy Kenneth Wheeler, Plaintiff and Appellant
v.
Gary A. Gardner, Grand Forks
County Correctional Center, Defendants and Appellees

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Lee A. Christofferson
Nature of Action: Other (Civil)
Counsel:
Appellant: Pro se
Appellee: Pearson Christensen & Clapp, PLLP
Term: 10/2005   Argument: 10/24/2005  2:45pm
ND cite: 2006 ND 24
NW cite: 708 N.W.2d 908

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Issues: Appellee's Statement of the Issues:
I. Did the district court properly construe NDCC  12-44.1-12.1 by declaring that the County Defendants had legally and properly removed funds from Wheeler's inmate account to reimburse for reasonable health care services received by Wheeler?
II. Did the district court properly conclude that the Federal Prisoner Health Care Copayment Act of 2000 is inapplicable to Wheeler because he is not a federal prisoner?
III. Did the district court properly conclude Wheeler was not deprived of due process rights when money was removed from his inmate account to reimburse for reasonable health care services received by Wheeler?

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Docket entries:
105/12/2005 NOTICE OF APPEAL: 05/09/2005
205/12/2005 Letter from Ronald Fischer dated 5-11-05 RE: Judgment not yet entered
305/16/2005 REQUEST FOR ORDER GRANTING ACCESS TO THE COURTS
405/18/2005 ACTION BY SUPREME COURT (Mot - Request for Order Granting Access to the Courts). Denied
505/19/2005 Order Mailed to Parties
605/26/2005 REQUEST TO RECONSIDER w/cover letter
706/01/2005 ACTION BY SUPREME COURT (Request to Reconsider). Denied
806/01/2005 Order Mailed to Parties
906/08/2005 APPELLANT BRIEF
1006/16/2005 DISK NONCOMPLIANCE ( See Wheeler ltr dated 6-14-05 - handwritten ATB) (Scanned)
1106/17/2005 APPELLANT APPENDIX
1206/20/2005 RECORD ON APPEAL
1307/12/2005 APPELLEE BRIEF
1407/20/2005 Appellant's Supplemental Brief with references to the Appendix and certificate of service
1507/20/2005 Corrected page one for Appellee's Brief
1607/20/2005 DISK - corrected disk for AEB
1707/20/2005 Affidavit of Service for corrected page one of AEB
1808/31/2005 "Plaintiffs Request to Appear" (referred to Warden Schuetzle)
1909/01/2005 "Plaintiffs Request to Appear"
2009/02/2005 ACTION BY CHIEF JUSTICE (Plaintiffs Request to Appear). Denied
2110/24/2005 APPEARANCES: LeRoy K. Wheeler, accompanied by NDSP correctional officers David Roggenbuck and Tom
2210/24/2005 Radenz; Linda E. Bata
2310/24/2005 ARGUED: Wheeler; Bata
2410/24/2005 ORAL ARGUMENT WEBCAST
2501/31/2006 DISPOSITION: AFFIRMED
2601/31/2006 UNANIMOUS OPINION: Sandstrom, Dale V.
2701/31/2006 Costs on appeal taxed in favor of appellee
2802/02/2006 Judgment Mailed to Parties
2902/07/2006 PETITION FOR REHEARING
3002/08/2006 DISK NONCOMPLIANCE (PER) (prepared on typewriter, no computer)
3102/23/2006 ACTION BY SUPREME COURT. Denied
3203/07/2006 MANDATE
3303/10/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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