Georgacarakos v. Wiley et al
| Georgacarakos |
| Wiley, Cruz, Javernick, Collins, Sudlow, Madison, Church, Heim, Martinez, Fenlon, Dennex, Nalley, Baxter, Watts, Pugh, Hood, Herschberger, Lappin, Bureau of Prisons, Department of Justice and United States |
| 1:2007cv01712 |
| August 14, 2007 |
| US District Court for the District of Colorado |
| Denver Office |
| Fremont |
| Boyd N. Boland |
| Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
898
ORDER denying 893 Motion for the Court to Consider Duly Submitted Objections. By Judge R. Brooke Jackson on 10/18/12. (alvsl)
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Filing
892
ORDER. On 3/19/2012 Mr. Georgacarakos filed an objection to the magistrate judges recommendation. The objection is untimely and moot. If Mr. Georgacarakos wishes to pursue an appeal from the judgment of dismissal and/or from any previous orders in the case he should consult the Federal Rules of Appellate Procedure, in particular Rules 4 and 24, and 28 U.S.C. § 1915. By Judge R. Brooke Jackson on 3/20/2012. (sah, )
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Filing
889
ORDER Adopting and Affirming February 1, 2012 886 Recommendations of United States Magistrate Judge. Defendant's Motion for Summary Judgment 864 is GRANTED and the remaining Claim Two is DISMISSED. All claims filed in this case have been considered, all motions have been resolved, and the Court orders that a final judgment enter dismissing the case with prejudice, by Judge R. Brooke Jackson on 3/12/12.(lsw, )
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Filing
883
ORDER FOR SUPPLEMENTAL BRIEFING re: 864 Third Motion for Summary Judgment filed by Defendants Bureau of Prisons, Wiley, Collins, Fenlon, Heim, Madison, and Sudlow. On or before 1/13/2012, Plaintiff and Defendants shall each file a supplemental brief, no longer than eight pages, addressing only the issues identified in this order. By Magistrate Judge Michael E. Hegarty on 12/29/2011. (mehcd)
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Filing
862
OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMNET AND OVERRULING OBJECTIONS. The 820 Plaintiff's Motion to Alter Judgment is DENIED. The 824 Defendants' Second Motion for Summary Judgment is GRANTED, and the Defendants are entitle d to judgment on the Plaintiff's claims relating to destruction of his personal property and his exclusion from the step-down program; the sole remaining claim concerns whether the Plaintiff was denied Equal Protection based on his religion when other allegedly similarly-situated inmates of different religions were transferred from ADX earlier than he was. The 844 Defendants' Objections are OVERRULED and the Magistrate Judge's Orders (# 840 , 841 ) are AFFIRMED, except insofar as the parties have agreed that the Defendants shall answer the questions posed by means of a written interrogatory responses rather than via an oral deposition. The 845 Plaintiff's Motion to Disallow Irrelevant Evidence and the 846 Plainti ff's Motion to Disallow Hearsay Evidence are DENIED, as premature. The 848 Plaintiff's Motion to Remove Nonparties is GRANTED, and the Clerk of the Court shall terminate the status of Interested Parties Casey Bernard Rodriguez, Richard Leverich, George A. Scalf, and Ralph Gambina. The 856 Plaintiff's Motion to Order the Bureau of Prisons to Collect PLRA Payments Sequentially is DENIED, by Judge Marcia S. Krieger on 03/16/2011.(wjc, )
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Filing
841
SUPPLEMENTAL ORDER re: 833 Order on 819 Plaintiff's Motion to Compel Discovery and for Privacy Act Order, by Magistrate Judge Michael E. Hegarty on 5/27/2010. (mehcd)
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Filing
833
ORDER granting in part and denying in part 819 Plaintiff's Motion to Compel; and denying 828 Plaintiff's Motion to Strike Defendants' Response to Motion to Compel. A telephonic hearing on the implementation of the Order is set for 5/27/2010 10:00 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. The Plaintiff and his case manager, if any, shall appear at this hearing by telephone by calling my Chambers at (303) 844-4507 at the appointed time. By Magistrate Judge Michael E. Hegarty on 5/12/2010. (mehcd)
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Filing
812
MINUTE ORDER denying without prejudice 773 Plaintiff's Motion to Compel Discovery and for Privacy Act Order. Plaintiff is granted leave to re-file the motion on or before 4/23/2010. Defendants shall file a response to the motion and Plaintiff may file a reply brief in accordance with the time constraints set forth in D.C. Colo. LCivR 7.1C and other applicable rules. By Magistrate Judge Michael E. Hegarty on 3/31/2010. (mehcd)
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Filing
810
OPINION AND ORDER GRANTING, IN PART, MOTION FOR SUMMARY JUDGMENT AND DENYING REMAINING MOTIONS. The Defendants' 645 Motion for Summary Judgment is GRANTED IN PART, and DENIED IN PART. To the extent the Defendants wish to submit a new motion f or summary judgment on the issues identified herein, they shall do so within 30 days of the date of this Order. For the reasons set forth herein, the Court DENIES the motions or, where appropriate, OVERRULES the Objections found at Docket # 678 , [6 79], 680 , 716 , 732 , 742 , 747 , 749 , 760 , 767 , 769 , 771 , 774 , 781 , 786 , 787 , 791 , 792 , and 797 . Docket # 773 Plaintiffs Motion to Compel is REFERRED to the Magistrate Judge for consideration in the first instance. In conjunction with Docket # 804 , the Clerk of the Court shall mail a copy of Docket # 796 to the Plaintiff, by Judge Marcia S. Krieger on 03/30/2010.(wjc, )
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Filing
766
MINUTE ORDER denying without prejudice 764 Plaintiff's Motion to Compel, by Magistrate Judge Michael E. Hegarty on 7/28/2009. (mehcd)
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Filing
763
MINUTE ORDER denying 757 Plaintiff's Motion for Court to Inquire into Missing § 2241 Motion, by Magistrate Judge Michael E. Hegarty on 7/23/2009. (mehcd)
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Filing
759
MINUTE ORDER denying 705 Plaintiff's Motion for Subpoena and Service Thereof, by Magistrate Judge Michael E. Hegarty on 7/22/2009. (mehcd)
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Filing
756
MINUTE ORDER denying without prejudice 752 Motion for A.P.A Ruling, by Magistrate Judge Michael E. Hegarty on 7/21/2009. (mehcd)
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Filing
751
MINUTE ORDER denying without prejudice 748 Motion to Compel, by Magistrate Judge Michael E. Hegarty on 7/20/2009. (mehcd)
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Filing
740
MINUTE ORDER denying 736 Motion for Joinder without prejudice as premature, by Magistrate Judge Michael E. Hegarty on 7/14/2009. (mehcd)
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Filing
730
MINUTE ORDER denying 701 Motion for Order, by Magistrate Judge Michael E. Hegarty on 7/8/2009.(mehcd)
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Filing
721
MINUTE ORDER striking 715 Plaintiff's Motion to Amend Additional Discovery as redundant of Plaintiff's 677 Motion for Extra Discovery, Part II, by Magistrate Judge Michael E. Hegarty on 07/01/09.(wjc, )
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Filing
720
MINUTE ORDER denying 682 Plaintiff's Motion for Reconsideration of Minute Order of 06/01/2009, by Magistrate Judge Michael E. Hegarty on 06/29/09.(wjc, )
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Filing
698
MINUTE ORDER denying 677 Plaintiff's Motion for Extra Discovery, Part II, by Magistrate Judge Michael E. Hegarty on 06/22/09.(wjc, )
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Filing
671
Minute Entry for proceedings held before Judge Marcia S. Krieger: Final Pretrial Conference held on 6/4/2009. 397 Motion for Order is DENIED as moot; 429 Motion for Order is DENIED ; 437 Motion to Intervene is DENIED; 438 Motion to Intervene is DENIED; 540 Motion to Intervene is DENIED; adopting Report and Recommendations re 568 Report and Recommendations; adopting Report and Recommendations re 577 Report and Recommendations; adopting Report and Recommendations re 578 Report and Recommendations; 590 Motion for Summary Judgment is DENIED without prejudice; 592 APPEAL OF MAGISTRATE JUDGE DECISION to District Court is DENIED; adopting Report and Recommendations re 621 Report and Recommendations; 622 Motion for Leave to Proceed in Forma Pauperis is DENIED as moot; 624 Motion for Order is DENIED as moot; 634 APPEAL OF MAGISTRATE JUDGE DECISION to District Court is DENIED; 637 Motion for Preliminary Injunction is DENIED without prejudice; denying 644 APPEAL O F MAGISTRATE JUDGE DECISION to District Court; 648 APPEAL OF MAGISTRATE JUDGE DECISION to District Court is DENIED; 654 Motion to Strike is DENIED ; 659 Motion for Sanctions is DENIED; 660 APPEAL OF MAGISTRATE JUDGE DECISION to District Court is DENIED; Revised Proposed Pretrial Order, exhibit and witness lists due by 6/22/2009. (Court Reporter Paul Zuckerman) (wjc, ) Modified on 6/8/2009 to edit filed date and text date of hearing, edit initials, and add text without prejudice to (637) (wjc, ).
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Filing
668
MINUTE ORDER denying 664 Plaintiff's Motion for Court to Review Criminal Conviction Inextricably Linked to this Civil Action, by Magistrate Judge Michael E. Hegarty on 06/01/09.(wjc, )
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Filing
663
MINUTE ORDER granting in part and denying in part 661 Plaintiff's Supplemental Motion to Compel Discovery. Plaintiff requests that the Court compel Defendants to respond to a request for production of documents that has not been yet propounde d. Plaintiffs request is denied. Although the discovery deadline has passed, the Court will allow Plaintiff to propound the request set forth in his motion, and Defendants shall respond to the request, which the Court recognizes as propounded as of the date of the motion, in accordance with Fed.R.Civ.P.34 and other applicable court rules, by Magistrate Judge Michael E. Hegarty on 05/14/09.(wjc, )
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Filing
655
Order on Plaintiffs 583 Motion to Compel Discovery is granted in part and denied in part as specified in the Order, the 650 Motion for Discovery Sanctions is denied, and the 649 Motion for Hearing on Motion to Compel is denied, by Magistrate Judge Michael E. Hegarty on 04/30/09.(wjc, )
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Filing
641
MINUTE ORDER denying 632 Plaintiff's Motion to Reopen Discovery for the Sole Purpose of Requesting Photographs, by Magistrate Judge Michael E. Hegarty on 04/15/09.(wjc, )
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Filing
628
Minute ORDER denying 626 Motion for Court to Allow Joseph Dougherty to Intervene, by Magistrate Judge Michael E. Hegarty on 4/8/09.(gms, )
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Filing
621
REPORT AND RECOMMENDATIONS re 540 MOTION to Intervene as a Plaintiff under Rule 24(b) filed by Shane McMillan be denied, by Magistrate Judge Michael E. Hegarty on 04/06/09. (wjc, )
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Filing
620
MINUTE ORDER denying 614 Plaintiff's Motion to Intervene, Filed on Behalf of Mentally Incapacitated Inmate by Magistrate Judge Michael E. Hegarty on 04/03/09.(wjc, ) Modified on 4/7/2009 to add text word Minute (wjc, ).
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Filing
618
MINUTE ORDER denying without prejudice 596 Plaintiff's Motion to Suppress Inaccurate Deposition, by Magistrate Judge Michael E. Hegarty on 04/02/09.(wjc, )
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Filing
603
MINUTE ORDER denying without prejudice 597 Plaintiff's Motion for Rule 11 Sanctions, which has been construed by the District Court as a motion pursuant to Fed.R.Civ.P. 37 for failure to comply with Fed.R.Civ.P. 37(a), by Magistrate Judge Michael E. Hegarty on 03/31/09.(wjc, )
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Filing
588
MINUTE ORDER denying 582 Plaintiff's Motion for Discovery Sanctions by Magistrate Judge Michael E. Hegarty on 03/25/09.(wjc, )
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Filing
579
MINUTE ORDER denying without prejudice 574 Plaintiff's Motion for Court to Reconsider Minute Order. The Plaintiff fails to specify which pleadings, if any, he has not received through service by the proposed intervenors, by Magistrate Judge Michael E. Hegarty on 03/23/09.(wjc, )
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Filing
577
REPORT AND RECOMMENDATIONS that the 437 MOTION to Intervene filed by Richard Leverich be denied, by Magistrate Judge Michael E. Hegarty on 03/19/09. (wjc, )
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Filing
568
REPORT AND RECOMMENDATIONS re 429 MOTION for Permissive Intervention to filed by Ralph Gambina be denied, by Magistrate Judge Michael E. Hegarty on 03/17/09. (wjc, )
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Filing
548
MINUTE ORDER denying 545 Plaintiff's Motion for Court to Order Defendants to Serve Intervention Papers to Plaintiff, by Magistrate Judge Michael E. Hegarty on 03/09/09.(wjc, )
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Filing
543
MINUTE ORDER re: 540 MOTION to Intervene filed by Shane McMillan. Defendants shall file a response to the motion on or before 03/24/09. The proposed intervenor may file a reply within fifteen (15) days after the response is filed, by Magistrate Judge Michael E. Hegarty on 03/04/09. (wjc, )
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Filing
536
MINUTE ORDER denying 533 Plaintiff's Motion to Strike Defendants' Motion for Protective Order by Magistrate Judge Michael E. Hegarty on 02/27/09.(wjc, )
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Filing
518
OPINION AND ORDER DENYING VARIOUS MOTIONS. Plaintiffs Motion for Return of Original Documents 293 is GRANTED IN PART, insofar as the Clerk of the Court shall retain one copy of the Plaintiffs summary judgment appendix for the Courts records, and r eturn to the Plaintiff any additional copies, if any, in the Clerks possession. The Plaintiffs Motion to Alter Judgment 294 , as supplemented 296 , the Plaintiffs Supplemental Motion for Summary Judgment 295 , and the Plaintiffs Supplemental Motio n for Preliminary Injunction 297 are DENIED. The Plaintiffs Objection 362 is OVERRULED, and the Magistrate Judges 10/24/08 Order 346 denying the Plaintiffs Motion for Appointment of a Private Investigator is AFFIRMED. The Plaintiffs Objections 412 are OVERRULED, and the Magistrate Judges 11/17/08 Minute Order 402 by the Magistrate Judge denying the Plaintiffs Motion to Compel Defendant Pughs Address is AFFIRMED. The Plaintiffs Motion to Resolve 2 Preliminary Matters Which AUSA and Mag istrate Continue to Circumambulate 416 is GRANTED IN PART, insofar as the Court clarifies that persons known as Clark, Bailey, and Zohn are not recognized by the Court as Defendants in this action, and DENIED IN PART, in all other respects. The Pla intiffs Objections 423 are OVERRULED, the Court ADOPTS the 11/21/08 Recommendation 408 of the Magistrate Judge for the reasons set forth herein, and the Plaintiffs Motion to Supplement 313 is DENIED. The Plaintiffs Motion for Entry of Summary J udgment 454 , the Defendants Motion to Strike 458 the Plaintiffs Motion for Summary Judgment, and the Plaintiffs Motion to Strike 462 the Defendants Motion to Strike are DENIED. The Plaintiffs Motion to Amend 499 his Supplemental Motion for Pr eliminary Injunction is DENIED AS MOOT. The Plaintiffs Motion for Court to Order Court Officers to Assist Plaintiff In Serving Subpoenas 501 is GRANTED IN PART, insofar as the Court has clarified the process by which the Plaintiff may obtain servic e of his subpoenas. The Plaintiffs Motion to Add Defendant Zohn 506 is DENIED. The Plaintiffs Motion to Suppress Deposition 507 is DENIED without prejudice. The Clerk of the Court is to modify the docket to reflect the denial of Docket 128 pursuant to the Courts 09/12/08 Order 284 , by Judge Marcia S. Krieger on 02/23/09.(wjc, ) Modified on 2/23/2009 to create linkages (wjc, ).
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Filing
495
MINUTE ORDER denying without prejudice 490 Plaintiff's Motion to Compel Defendants' Compliance with Discovery Rules by Magistrate Judge Michael E. Hegarty on 02/02/09.(wjc, )
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Filing
488
MINUTE ORDER denying without prejudice 481 Plaintiff's Motion for Court to Review Criminal Conviction Inextricably Linked to this Civil Action, by Magistrate Judge Michael E. Hegarty on 01/28/09.(wjc, )
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Filing
479
MINUTE ORDER granting 473 Plaintiff's second Motion for Discovery Subpoena. The Clerk of the Court shall mail to the Plaintiff, along with this Order, a subpoena, signed but otherwise blank, which Plaintiff may complete and serve in compliance with Rule 45, by Magistrate Judge Michael E. Hegarty on 01/21/09.(wjc, )
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Filing
476
MINUTE ORDER granting 469 Plaintiff's Motion for Discovery Subpoena. The Clerk of the Court shall mail to the Plaintiff, along with this Order, two subpoenas, signed but otherwise blank, which Plaintiff may complete and serve in compliance with Rule 45, by Magistrate Judge Michael E. Hegarty on 01/20/09.(wjc, )
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Filing
466
MINUTE ORDER granting 456 Plaintiff's Motion for Service of Complaint upon Defendant Lieutenant Clark, which the Court construes as a Motion for status of service upon Defendant Clark, by Magistrate Judge Michael E. Hegarty on 01/12/09.(wjc, )
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Filing
69
Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: denying without prejudice 59 Motion for Hearing/Conference; denying as moot 65 Motion to Strike. Defendants' Response to Plaintiff's Motion for Preliminary Injuction due by 2/19/08. Plaintiff's Reply to Defendants' Response due by 2/28/2008. Scheduling Order not entered at this time. Telephonic Preliminary Scheduling/Status Conference held on 2/7/2008. (Court Reporter FTR - C. Coomes) (mehcd)
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Filing
68
ORDER DIRECTING PLAINTIFF TO SHOW CAUSE FOR AVOIDING DISMISSAL Plaintiff to either make required monthly payments or file certified copy of trust fund account statement on or before 2/18/08 re: 2 Order on Motion for Leave to Proceed in Forma Pauperis. Signed by Magistrate Judge Michael E. Hegarty on 2/04/08. (jmp, )
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