Hunsaker v. Jimerson et al
Plaintiff: William J. Hunsaker, Jr.
Defendant: James (I) Jimerson, James Jimerson, Elizabeth (I) Limbris, Elizabeth Limbris, Cathie (I) Holst, Cathie Holst, Colorado Department of Corrections and Aristedes Zavaras
Case Number: 1:2008cv01479
Filed: July 15, 2008
Court: US District Court for the District of Colorado
Office: Prison Condition Office
County: Logan
Presiding Judge: Boyd N. Boland
Presiding Judge: Michael J. Watanabe
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Prisoner Civil Rights

Available Case Documents

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Date Filed Document Text
September 20, 2011 Opinion or Order Filing 180 AMENDED ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. This order is amended solely to correct a clerical error in paragraph 5 of section IV of theoriginal order, and supersedes and supplants my previous Order Granting Defendants Motion for Summary Judgment 179 entered 9/16/2011. By Judge Robert E. Blackburn on 9/20/2011. (sah, )
September 16, 2011 Opinion or Order Filing 179 ORDER. Defendants Motion for Summary Judgment 156 filed 7/15/2011 is GRANTED. Plaintiffs Motion for In Camera Production and Inspection of Privileged Documents 172 filed 8/9/2011, is GRANTED. Plaintiffs First Claim for Relief, insofar as it as serts an as-applied challenge that AR 300-26 violates plaintiffs right of free speech under the First Amendment, is DISMISSED WITH PREJUDICE. judgment SHALL ENTER on behalf of defendants, James Jimerson, Michelle Nycz, Elizabeth Limbris, Cathie Holst , Kevin Milyard, and Aristedes Zavaras, in their individual capacities, against plaintiff, William J. Hunsaker, Jr., on plaintiffs First Claim for Relief, insofar as it asserts an as-applied challenge that AR 300-26 violates plaintiffs right of free speech under the First Amendment; provided, that the judgment as to this claim SHALL BE with prejudice. Judgment SHALL ENTER also in accordance with my Order Overruling Objection to and Adopting Amended Recommendations of the United States Magistrate Judge 67 filed 8/20/2010; provided, that the judgment as to the claims and defendants therein implicated SHALL BE without prejudice with respect to the Colorado Department of Corrections and the individual defendants in their individual capacities and with prejudice with respect to the individual defendants in their official capacities. Defendants are AWARDED their costs. By Judge Robert E. Blackburn on 9/16/2011.(sah, )
August 16, 2011 Opinion or Order Filing 176 MINUTE ORDER. Plaintiffs Forthwith Motion to Quash Writ of Habeas Corpus Ad Testificandum Pending Disposition of Defendants Motion To Reschedule Trial Date 175 filed 8/12/2011, is GRANTED. The Writ of Habeas Corpus Ad Testificandum 163 issued 7/28/2011, is QUASHED pending further order of court. By Judge Robert E. Blackburn on 8/16/2011.(sah, )
August 9, 2011 Opinion or Order Filing 171 ORDER. The Memorandum Order of Reference 157 filed 7/18/2011, is WITHDRAWN. By Judge Robert E. Blackburn on 8/9/2011. (sah, )
June 1, 2011 Opinion or Order Filing 146 MINUTE ORDER. The plaintiffs Motion for Order that Certain Requestsfor Admission are Deemed Admitted 130 is denied. Defendants shall serve responses to the Plaintiffs Third Requests for Admission to Defendants 130 at 28-29) on or before 6/10/2011. By Magistrate Judge Michael J. Watanabe on 6/1/2011.(sah, )
May 24, 2011 Opinion or Order Filing 143 ORDER. Plaintiffs Motion to Compel Disclosure 88 is denied. Plaintiffs Motion to Compel Discovery 121 is granted in part and denied in part. the Plaintiffs Motion for Reconsideration of Defendants Motion for Enlargement of Time and to Strike Def endants Response to Plaintiffs Motion for Leave to Amend Third Amended Complaint, to Join Additional Parties and to File Fourth Amended Complaint 90 is denied. The plaintiffs Motion for Order Granting Court Reporter Access to Correctional Facility 103 is denied. The plaintiffs Motion for Extension of Time to Disclose Expert Witnesses Pursuant to Fed.R.Civ.P. 26(a)(2) 98 , Second Motion for Extension of Time to Disclose Expert Witnesses Pursuant to Fed.R.Civ.P. 26(a)(2) 122 , Motion for Ex tension of Time to Disclose Rebuttal Expert Witnesses Pursuant to Fed.R.Civ.P. 26(a)(2) 115 , Second Motion to Modify Scheduling Order 120 , and Motion for Extension of Time to Complete Discovery 122 are granted. The plaintiffs Motion to Set Hearing RE: Oral Argument and Disposition of Pending Motions 134 is denied as moot. By Magistrate Judge Michael J. Watanabe on 5/24/2011.(sah, )
December 22, 2010 Opinion or Order Filing 92 MINUTE ORDER. Plaintiff Hunsakers Motion to Modify Scheduling Order 80 is GRANTED IN PART AND DENIED. By Magistrate Judge Michael J. Watanabe on 12/22/2010.(sah, )
September 29, 2010 Opinion or Order Filing 76 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Scheduling Conference held on 9/29/2010.withdrawing 70 Plaintiff's Motion for Leave to Amend Third Amended Complaint and to Join Additional Partie s. Plaintiff granted leave to 11/15/2010 to file Motion to Amend Third Amended Complaint and to file proposed Fourth Amended Complaint. Discovery due by 3/31/2011. Dispositive Motions due by 4/29/2011. Settlement Conference set for 5/5/2011 01:30 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Proposed Pretrial Order due by 6/23/2011. Final Pretrial Conference set for 6/28/2011 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. (Court Reporter FTR - Ellen E. Miller) (mjwcd)
August 23, 2010 Opinion or Order Filing 69 ORDER Scheduling Conference set for 9/29/2010 10:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe, by Magistrate Judge Michael J. Watanabe on 8/23/2010. (mjwcd)
August 20, 2010 Opinion or Order Filing 68 ORDER. The magistrate judges Recommendation on Plaintiffs Verified Motionfor Temporary Restraining Order and for Preliminary Injunction (Docket No. 55) 64 , filed 07/27/2010, is APPROVED AND ADOPTED. The objections stated in Plaintiffs Objection to R ecommendation on Plaintiffs Verified Motion for Temporary Restraining Order and for Preliminary Injunction 66 , filed 08/11/2010, are OVERRULED. Plaintiffs Verified Motion for Temporary Restraining Order and for Preliminary Injunction 55 , filed 07/09/2010, is DENIED. By Judge Robert E. Blackburn on 08/20/2010.(sah, )
September 18, 2009 Opinion or Order Filing 45 ORDER granting 43 Defendants Advisement Regarding Withdrawal of Previous Motion to Dismiss. Defendants Combined Motion to Dismiss and Memorandum Brief in Support of Motion to Dismiss Plaintiffs Amended Complaint 17 is deemed withdrawn. By Magistrate Judge Michael J. Watanabe on 09/18/2009.(sah, )
September 10, 2009 Opinion or Order Filing 41 ORDER DIRECTING SERVICE UPON DEFENDANT KEVIN MILYARD by Magistrate Judge Michael J. Watanabe on 09/10/2009. (sah, )
July 29, 2009 Opinion or Order Filing 36 ORDER granting 28 Plaintiff's Motion for Leave to Amend Amended Complaint and to Join Additional Party; plaintiff shall thus be permitted to add averments with respect to plaintiff's appeals concerning the censorship of various publication s which allegedly occurred after the Amended Complaint was filed and to add Warden Kevin Milyard as a defendant; further that the plaintiff shall forthwith file a Third Amended Complaint that conforms with this Order and Judge Blackburn's 7/10/2009 Order Dismissing Fourth Claim for Relief of Plaintiff's Proposed Second Amended Complaint, by Magistrate Judge Michael J. Watanabe on 07/29/2009.(mjwcd )
July 28, 2009 Opinion or Order Filing 34 MINUTE ORDER denying 19 non-party Stetzel's Petition [MOTION] for Joinder; denying as moot 20 non-party Stetzel's MOTION and Affidavit for Leave to Proceed in Forma Pauperis; denying as moot 22 Plaintiff's MOTION to Strike Petition for Joinder, by Magistrate Judge Michael J. Watanabe on 07/28/2009.(mjwcd ) Modified on 7/28/2009 to change the title of the Order. (sah, ).
July 10, 2009 Opinion or Order Filing 33 ORDER. Motion To Dismiss Fourth Claim For Relief From Plaintiffs Proposed Second Amended Complaint or in the Alternative, Motion For Leave To Amend Plaintiffs Proposed Second Amended Complaint by Withdrawing Plaintiffs Fourth Claim For Relief Therefrom 32 filed 07/10/2009, is GRANTED. Plaintiffs Fourth Claim for relief in his Second Proposed Amended Complaint is DISMISSED. By Judge Robert E. Blackburn on 06/10/2009.(sah, )
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Plaintiff: William J. Hunsaker, Jr.
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Defendant: James (I) Jimerson
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Defendant: James Jimerson
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Defendant: Elizabeth (I) Limbris
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Defendant: Elizabeth Limbris
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Defendant: Cathie (I) Holst
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Defendant: Cathie Holst
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Defendant: Colorado Department of Corrections
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Defendant: Aristedes Zavaras
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