KELLY , Circuit Judge . Antonio Caballero filed the underlying lawsuit in the United States District Court for the District of Utah seeking a "judgment on a judgment" he had obtained from a Florida state court. The federal district court registered the Florida state-court judgment under 28 U.S.C. 1963, but denied all other relief because Mr. Caballero did not establish personal jurisdiction over the defendants. As a result, Mr. Caballero could not utilize federal district court collection...
EBEL , Circuit Judge . Congress, through Title IX, bans discrimination on the basis of sex in education programs receiving federal funding. Plaintiffs, two students at Kansas State University ("KSU"), allege that KSU, a recipient of federal educational funds, violated Title IX by being deliberately indifferent to reports it received of student-on-student sexual harassment which, in this case, involved rape. Often Title IX plaintiffs allege that a funding recipient's deliberate indifference...
ORDER Notwithstanding our January 17, 2019 order sua sponte granting panel rehearing and vacating our December 18, 2018 opinion in 17-7049, we clarify that the opinion remains in effect as to the issues raised and resolved in 17-7055. The Clerk shall issue the mandate in 17-7055 forthwith. As stated in in our January 17, 2019 order, 17-7049 is reopened and remains abated.
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FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT November 15, 2019 _ Elisabeth A. Shumaker Clerk of Court NITHIN RADHAKRISHNAN, Petitioner, v. No. 19-9534 (Petition for Review) WILLIAM P. BARR, United States Attorney General, Respondent. _ ORDER AND JUDGMENT* _ Before BRISCOE, McHUGH, and MORITZ, Circuit Judges. _ Nithin Radhakrishnan petitions for review of the Board of Immigration Appeals’ (BIA’s) decision affirming an Immigration Judge’s...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT November 15, 2019 _ Elisabeth A. Shumaker Clerk of Court OMAR HERNANDEZ-ORTIZ, Petitioner, v. No. 19-9519 (Petition for Review) WILLIAM P. BARR, United States Attorney General, Respondent. _ ORDER AND JUDGMENT* _ Before LUCERO, O’BRIEN, and CARSON, Circuit Judges. _ Omar Hernandez-Ortiz, a native and citizen of Guatemala, petitions for review of the decision of the Board of Immigration...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT April 18, 2019 _ Elisabeth A. Shumaker Clerk of Court IBRAHIM SAWANEH, Petitioner, v. No. 19-9518 (Petition for Review) WILLIAM P. BARR, United States Attorney General, Respondent. _ ORDER AND JUDGMENT* _ Before LUCERO, BACHARACH, and PHILLIPS, Circuit Judges. _ Ibrahim Sawaneh has filed a pro se petition for review from a Board of Immigration Appeals’ decision denying his requests for asylum,...
FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS October 30, 2019 Elisabeth A. Shumaker TENTH CIRCUIT Clerk of Court RIGOBERTO FLORES-CASTILLO, Petitioner, v. No. 19-9512 (Petition for Review) WILLIAM P. BARR, United States Attorney General, Respondent. ORDER AND JUDGMENT* Before MATHESON, McKAY, and BACHARACH, Circuit Judges. In January 2015, the Department of Homeland Security informed Petitioner Rigoberto Flores-Castillo, a native and citizen of Mexico, that...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT September 17, 2019 _ Elisabeth A. Shumaker Clerk of Court JEYAVATHANAN JEYABALASINGGAM, Petitioner, v. No. 19-9511 (Petition for Review) WILLIAM P. BARR, United States Attorney General, Respondent. _ ORDER AND JUDGMENT * _ Before HOLMES, O’BRIEN, and MATHESON, Circuit Judges. _ Jeyavathanan Jeyabalasingam is a native and citizen of Sri Lanka. 1 An immigration judge (IJ) denied his requests...
FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS November 4, 2019 Elisabeth A. Shumaker FOR THE TENTH CIRCUIT Clerk of Court _ SANDRA LOPEZ-MUNOZ, Petitioner, v. No. 19-9510 WILLIAM P. BARR, Attorney General Respondent. _ Petition for Review of a Decision of the Board of Immigration Appeals _ Submitted on the briefs * Jennifer M. Smith, Glenwood Springs, Colorado, on behalf of the Petitioner. Joseph H. Hunt, Assistant Attorney General, Leslie McKay,...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT November 5, 2019 _ Elisabeth A. Shumaker Clerk of Court JIAEN LIU, Petitioner, v. No. 19-9500 (Petition for Review) WILLIAM P. BARR, United States Attorney General,* Respondent. _ ORDER AND JUDGMENT** _ Before EID, KELLY, and CARSON, Circuit Judges. _ Jiaen Liu, a native and citizen of China, seeks review of a Board of Immigration Appeals’ (BIA’s) decision that dismissed his appeal from an...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT December 19, 2019 _ Elisabeth A. Shumaker Clerk of Court RONALD E. DAVIS, Petitioner - Appellant, v. No. 19-9001 (CIR No. 017419-16 L) COMMISSIONER OF INTERNAL REVENUE, Respondent - Appellee. _ ORDER AND JUDGMENT* _ Before TYMKOVICH, Chief Judge, HARTZ, and BACHARACH, Circuit Judges. _ Ronald E. Davis appeals from an adverse judgment by the Tax Court. Exercising jurisdiction under 26 U.S.C. §...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT December 20, 2019 _ Elisabeth A. Shumaker Clerk of Court DARREL GOETZEL, Petitioner - Appellant v. No. 19-8059 (D.C. No. 1:19-CV-00061-ABJ) WYOMING ATTORNEY GENERAL, (D. Wyo.) Respondent - Appellee. _ ORDER DENYING CERTIFICATE OF APPEALABILITY* _ Before McHUGH, KELLY, and MORITZ, Circuit Judges. _ Petitioner-Appellant Darrel G. Goetzel, a state inmate appearing pro se, seeks a certificate of...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT December 10, 2019 _ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 19-8048 (D.C. Nos. 2:17-CV-00079-NDF & CRAIG ALAN DEMEULENAERE, 2:15-CR-00181-NDF-1) (D. Wyo.) Defendant - Appellant. _ ORDER DENYING CERTIFICATE OF APPEALABILITY* _ Before TYMKOVICH, Chief Judge, KELLY and PHILLIPS, Circuit Judges. _ Craig Alan Demeulenaere, proceeding pro se,...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT July 10, 2019 _ Elisabeth A. Shumaker Clerk of Court ANTHONY LEE HEINEMANN, Petitioner - Appellant, v. No. 19-8039 (D.C. No. 2:19-CV-00044-NDF) WARDEN EDDIE WILSON, (D. Wyo.) Respondent - Appellee. _ ORDER DENYING CERTIFICATE OF APPEALABILITY* _ Before MATHESON, McKAY, and BACHARACH, Circuit Judges. _ Wyoming state prisoner Anthony Heinemann requests a Certificate of Appealability (“COA”) to...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit TENTH CIRCUIT July 3, 2019 Elisabeth A. Shumaker Clerk of Court CHESTER L. BIRD, Petitioner - Appellant, v. No. 19-8035 (D.C. No. 2:16-CV-00320-NDF) WYOMING ATTORNEY GENERAL; (D. Wyoming) MICHAEL PACHECO, Wyoming Department of Corrections State Penitentiary Warden, Respondents - Appellees. ORDER DENYING CERTIFICATE OF APPEALABILITY * Before McHUGH, KELLY, and MORITZ, Circuit Judges. Mr. Chester Bird, proceeding...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT October 16, 2019 _ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 19-8015 (D.C. Nos. 2:18-CV-00191-ABJ & NORMAN CHARLES REJDA, 1:09-CR-00218-ABJ-1) (D. Wyo.) Defendant - Appellant. _ ORDER AND JUDGMENT* _ Before HOLMES, MATHESON, and MORITZ, Circuit Judges. _ The district court construed Norman Rejda’s motion filed under 28 U.S.C. § 2255 as second...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT September 30, 2019 _ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 19-8014 (D.C. No. 2:17-CV-00113-ABJ) ROBERT F. LAIN, (D. Wyo.) Defendant - Appellant, and AMELIA LAIN; SEPTEMBER LIBERTY TRUST, Defendants. - DOUGLAS J. CARPA, Trustee, Movant. _ ORDER AND JUDGMENT* _ Before HOLMES, O’BRIEN, and MATHESON, Circuit Judges. _ * After examining the...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT July 10, 2019 Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 19-8012 v. (D.C. No. 2:17-CV-00113-ABJ) (D. Wyo.) ROBERT F. LAIN; AMELIA LAIN; SEPTEMBER LIBERTY TRUST, Defendants. DOUGLAS J. CARPA, TRUSTEE, Movant-Appellant. ORDER AND JUDGMENT * Before MATHESON, MCKAY, and BACHARACH, Circuit Judges. This appeal arises from an action to enforce federal tax...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT October 10, 2019 _ Elisabeth A. Shumaker Clerk of Court DEON A. LEONARD, Plaintiff - Appellant, v. No. 19-8011 (D.C. No. 1:18-CV-00171-SWS) LINCOLN COUNTY BOARD OF (D. Wyo.) COMMISSIONERS; LINCOLN COUNTY SHERIFF’S DEPARTMENT; SHERIFF M. SHANE JOHNSON; LT. JOHN STETZENBACH; LT. (FORMERLY SGT.) BRANDON SIMPSON, Defendants - Appellees. _ ORDER AND JUDGMENT* _ Before TYMKOVICH, Chief Judge,...
