Wheeler v. Gardner
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| 20050166 |
LeRoy Kenneth Wheeler, Plaintiff and Appellant
v.
Gary A. Gardner, Grand Forks
County Correctional Center, Defendants and Appellees
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Lee A. Christofferson |
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Nature of Action: |
Other (Civil)
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| Counsel: |
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| Term: |
10/2005 Argument: 10/24/2005 02:45pm
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| ND cite: |
2006 ND 24
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| NW cite: |
708 N.W.2d 908
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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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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 Add Docket 20050166 RSS
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| 1 | | 05/12/2005 | |
NOTICE OF APPEAL: 05/09/2005 |
| 2 | | 05/12/2005 | |
Letter from Ronald Fischer dated 5-11-05 RE: Judgment not yet entered |
| 3 | | 05/16/2005 | |
REQUEST FOR ORDER GRANTING ACCESS TO THE COURTS |
| 4 | | 05/18/2005 | |
ACTION BY SUPREME COURT (Mot - Request for Order Granting Access to the Courts). Denied |
| 5 | | 05/19/2005 | |
Order Mailed to Parties |
| 6 | | 05/26/2005 | |
REQUEST TO RECONSIDER w/cover letter |
| 7 | | 06/01/2005 | |
ACTION BY SUPREME COURT (Request to Reconsider). Denied |
| 8 | | 06/01/2005 | |
Order Mailed to Parties |
| 9 | | 06/08/2005 | |
APPELLANT BRIEF |
| 10 | | 06/16/2005 | |
DISK NONCOMPLIANCE ( See Wheeler ltr dated 6-14-05 - handwritten ATB) (Scanned) |
| 11 | | 06/17/2005 | |
APPELLANT APPENDIX |
| 12 | | 06/20/2005 | |
RECORD ON APPEAL |
| 13 | | 07/12/2005 | |
APPELLEE BRIEF |
| 14 | | 07/20/2005 | |
Appellant's Supplemental Brief with references to the Appendix and certificate of service |
| 15 | | 07/20/2005 | |
Corrected page one for Appellee's Brief |
| 16 | | 07/20/2005 | |
DISK - corrected disk for AEB |
| 17 | | 07/20/2005 | |
Affidavit of Service for corrected page one of AEB |
| 18 | | 08/31/2005 | |
"Plaintiffs Request to Appear" (referred to Warden Schuetzle) |
| 19 | | 09/01/2005 | |
"Plaintiffs Request to Appear" |
| 20 | | 09/02/2005 | |
ACTION BY CHIEF JUSTICE (Plaintiffs Request to Appear). Denied |
| 21 | | 10/24/2005 | |
APPEARANCES: LeRoy K. Wheeler, accompanied by NDSP correctional officers David Roggenbuck and Tom |
| 22 | | 10/24/2005 | |
Radenz; Linda E. Bata |
| 23 | | 10/24/2005 | |
ARGUED: Wheeler; Bata |
| 24 | | 10/24/2005 | |
ORAL ARGUMENT WEBCAST |
| 25 | | 01/31/2006 | |
DISPOSITION: AFFIRMED |
| 26 | | 01/31/2006 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 27 | | 01/31/2006 | |
Costs on appeal taxed in favor of appellee |
| 28 | | 02/02/2006 | |
Judgment Mailed to Parties |
| 29 | | 02/07/2006 | |
PETITION FOR REHEARING |
| 30 | | 02/08/2006 | |
DISK NONCOMPLIANCE (PER) (prepared on typewriter, no computer) |
| 31 | | 02/23/2006 | |
ACTION BY SUPREME COURT. Denied |
| 32 | | 03/07/2006 | |
MANDATE |
| 33 | | 03/10/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |