Marshall v. Milyard et al
Plaintiff: Eric Marshall
Defendant: Kevin Milyard, Floyd A. Waide, Steven Bade, James Fryer, M. Negiley and Anthony A. DeCesaro
Case Number: 1:2008cv00299
Filed: February 12, 2008
Court: US District Court for the District of Colorado
Office: Denver Office
County: Logan
Presiding Judge: Boyd N. Boland
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 16, 2011 Opinion or Order Filing 127 ORDER accepting 126 Recommendations of United States Magistrate Judge. This case is dismissed for plaintiff's failure to comply an order of this Court. By Judge Philip A. Brimmer on 9/16/11.(mnfsl, )
July 5, 2011 Opinion or Order Filing 120 ORDER. The 117 Order to Show Cause is discharged. Defendants' 113 Motion to Dismiss for Failure to Comply with Local Rules and Court Orders Regarding the Filing Fee is denied. On or before 7/25/2011, plaintiff shall either pay the $35 0 filing fee or file a motion to proceed in forma pauperis, including an affidavit stating all the assets he possesses and that he is unable to pay the fee. The briefing schedule previously ordered is no longer stayed. On or before 8/1/2011, defendan ts shall file an opening brief regarding plaintiff's retaliation claim in light of the Tenth Circuit's decision. This brief shall not exceed fifteen pages. Plaintiff shall file a response brief on or before 8/22/2011. This response shall not exceed fifteen pages. Defendants shall file a reply brief on or before 9/6/2011. This reply shall not exceed ten pages. By Judge Philip A. Brimmer on 7/5/11.(mnfsl, )
April 1, 2011 Opinion or Order Filing 112 ORDER. Defendants shall file an opening brief regarding plaintiff's retaliation claim in light of the 110 Tenth Circuit' s decision on or before 5/9/2011. Plaintiff shall file a response brief on or before 5/30/2011. Defendants shall file a reply brief on or before 6/27/2011. By Judge Philip A. Brimmer on 4/1/11. (mnf, )
March 25, 2010 Opinion or Order Filing 103 ORDER to Cure Deficiency re 99 Notice of Appeal by Eric Marshall, by Judge Philip A. Brimmer on 03/25/10. Appellant has 30 days to submit the 1915 motion on the proper form.(bjrsl, )
March 7, 2010 Opinion or Order Filing 96 ORDER: Plaintiff Eric Marshall's objections 88 are overruled and the Recommendation of United States Magistrate Judge 85 is accepted. Granting 22 Defendant Decesaro's Motion to Dismiss. Granting 23 Defendants Milyard, Waid, Negley , Bade, and Fryer's Motion to Dismiss. All of plaintiff Eric Marshall's claims against the named defendants are dismissed for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Judgment shall enter in favor of defendants Milyard, Waid, Negley, Bade, Fryer, and DeCesaro and against plaintiff Eric Marshall on all claims set forth in Plaintiff's amended complaint 12 . All other pending motions ( 70 , 74 , 79 , 86 ) are denied as moot, by Judge Philip A. Brimmer on 3/7/10.(ebs, )
December 4, 2009 Opinion or Order Filing 91 ORDER accepting 84 Recommendation of United States Magistrate Judge. Denying 50 Plaintiff's Motion for Preliminary Injunction. Denying 51 Plaintiff's Amended Motion for Preliminary Injunction, by Judge Philip A. Brimmer on 12/4/09.(ebs, )
September 18, 2009 Opinion or Order Filing 85 REPORT AND RECOMMENDATION that 22 Defendant Decesaro's MOTION to Dismiss Pursuant to Rule 12(b)(6) be granted and that Claim Four be dismissed with prejudice. It is further recommended that the 23 MOTION to Dismiss Pursuant to Rule 12(b)(6) be granted and that Claims One and Three be dismissed with prejudice and Claim Two be dismissed without prejudice, by Magistrate Judge Boyd N. Boland on 9/18/09. (ebs, )
May 20, 2009 Opinion or Order Filing 62 MINUTE ORDER granting 59 Motion for Leave to File Amended Response to Plaintiff's Request for a Preliminary Injunction. Docket no. 60, the Amended Response to Plaintiffs Preliminary Injunction, Fed.R.Civ.P. 65(a)(b) (docket #50) and Amend Preliminary Injunction Fed.R.Civ.P. 65(a) Docket #51) is the correct response and not docket no. 57, by Magistrate Judge Boyd N. Boland on 5/20/09.(ebs, )
March 9, 2009 Opinion or Order Filing 47 ORDER granting in part and denying in part 42 Motion to Appoint Counsel ; granting in part and denying in part 45 Motion to Appoint Counsel and Motion for Order to Show Cause, by Magistrate Judge Boyd N. Boland on 3/9/09.(ebs, )
February 17, 2009 Opinion or Order Filing 44 ORDER. The Recommendation of United States Magistrate Judge 29 is ACCEPTED. Plaintiffs Motion: Default Judgment under Rule 55(e) 26 is DENIED by Judge Philip A. Brimmer on 02/17/2009.(sah, )
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Plaintiff: Eric Marshall
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Defendant: Kevin Milyard
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Defendant: Floyd A. Waide
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Defendant: Steven Bade
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Defendant: James Fryer
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Defendant: M. Negiley
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Defendant: Anthony A. DeCesaro
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