Nichols v. United States of America et al

Terry L. Nichols |
USA, Federal Bureau of Prisons, Harley Lappin, Michael Nalley, Perry, Ron Wiley, Rod Bauer, Lawrence Leyba, Stephen Nafziger, N. Gladbach, M. A. Kellar, M. Schappaugh, Derrick Jones, Darron Gall and Keith Powley |
1:2009cv00558 |
March 16, 2009 |
U.S. District Court for the District of Colorado |
Prison Condition Office |
Fremont |
Boyd N. Boland |
Craig B. Shaffer |
Plaintiff |
U.S. Government Defendant |
42:1983 Prisoner Civil Rights |
Docket Report
This docket was last retrieved on November 30, 2010. A more recent docket listing may be available from PACER.
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Filing 111 JUDGMENT by Clerk in favor of Federal Bureau of Prisons, Derrick Jones, Harley Lappin, Keith Powley, Michael Nalley, Rod Bauer, Ron Wiley, Stephen Nafziger against Terry L. Nichols re: 110 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss Party, Order on Report and Recommendations, it is ORDERED that the magistrate judges recommendation is AFFIRMED AND ADOPTED, IN PART, and OVERRULED, IN PART. It is FURTHER ORDERED that Defendants various Motions to Dismiss are GRANTED; plaintiffs claims, the Second Amended Complaint and this civil action are DISMISSED WITH PREJUDICE by Edward P. Butler, Deputy Clerk on 8/16/2010. (erv, ) |
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Filing 109 RESPONSE to Objection to 107 REPORT AND RECOMMENDATIONS re 72 MOTION to Dismiss Party filed by Ron Wiley, 76 MOTION to Dismiss Party (offical capacity) filed by Stephen Nafziger, 68 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Rod Bauer, Federal Bureau of Prisons, Derrick Jones, Harley Lappin, Stephen Nafziger, Michael Nalley, Keith Powley. (Attachments: # 1 Exhibit A)(Padden, Amy) Modified on 7/27/2010 to remove system generated duplicate text (sah2, ). |
Filing 108 OBJECTION to 107 Report and Recommendations filed by Plaintiff Terry L. Nichols. (erv, ) |
Filing 107 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE recommending that: (1) Motion to Dismiss the Second Amended Complaint by Director Lappin and Regional Director Nalley, doc # 68 be GRANTED; (2) Motion to Dismiss the Seconded Amended Complaint by Ron Wiley, doc # 72 be GRANTED IN PART AND DENIED IN PART; (3) Motion to Dismiss the Second Amended Complaint by Derrick Jones and Ron Bauer, doc # 73 be GRANTED; (4) Motion to Dismiss the Second Amended Complaint by Steven Nafziger, doc # 76 be GRANTED; (5) Motion to Dismiss the Second Amended Complaint by the Federal Bureau of Prisons, doc # 74 be GRANTED IN PART AND DENIED IN PART; (6) Motion to Dismiss the Second Amended Complaint by Keith Powley, doc # 83 be GRANTED; (7) This civil action shall proceed on Claim Two against Defendant BOP and on Claim Three against Defendant BOP and Defendants Powley and Wiley in their official capacities only by Magistrate Judge Craig B. Shaffer on 6/22/2010. (Attachments: # 1 Attach #1, # 2 Attach #2, # 3 Attach #3, # 4 Attach #4, # 5 Attach #5)(cbscd) |
Filing 106 Letter from Plaintiff requesting Status, Docket Sheet sent (erv, ) |
Filing 105 NOTICE of Hunger Strike by Plaintiff Terry L. Nichols (erv, ) |
Filing 104 PAYMENT RECEIVED from Terry L. Nichols in the amount of $ 120.00; Receipt Number COX024567; monthly Payment. (erv, ) |
Filing 103 PAYMENT RECEIVED from Terry L. Nichols in the amount of $ 52.00; Receipt Number COX024266; MONTHLY Payment. (erv, ) |
Filing 102 Letter from Terry Nichols (erv, ) |
Filing 101 SURREPLY in Support of Denying 76 MOTION to Dismiss Party (offical capacity) Steven Nafziger's filed by Plaintiff Terry L. Nichols. (erv, ) |
Filing 100 SURREPLY re 73 MOTION to Dismiss Party, filed by Plaintiff Terry L. Nichols. (Document actually entitled "Plaintiff's Reply in Support of Denying Jones and Bauer's Motion to Dismiss 2nd Amended Complaint"). (ebs, ) |
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Filing 98 SURREPLY re 72 MOTION to Dismiss Party filed by Plaintiff Terry L. Nichols. (sah, ) |
SURREPLY re 76 MOTION to Dismiss Party (offical capacity) filed by Plaintiff Terry L. Nichols. (sah, ) |
Filing 97 REPLY to Response to 83 MOTION to Dismiss Party Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Defendant Keith Powley. (Padden, Amy) |
Filing 96 REPLY in further response to 80 Response to 68 Motion to Dismiss by Defendants Harley Lappin and Michael Nalley filed by Plaintiff Terry L. Nichols. (erv, ) |
Filing 95 REPLY to Response to 76 MOTION to Dismiss Party (offical capacity) filed by Defendant Stephen Nafziger. (Padden, Amy) |
Filing 94 REPLY to Response to 73 MOTION to Dismiss Party filed by Defendants Derrick Jones, Rod Bauer. (Padden, Amy) |
Filing 93 RESPONSE to 83 MOTION to Dismiss Party by Keith Powley Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Plaintiff Terry L. Nichols. (erv, ) |
Filing 92 PAYMENT RECEIVED from Terry L. Nichols in the amount of $ 35.00; Receipt Number COX023463; monthly Payment. (erv, ) |
Filing 91 REPLY to Response to 74 MOTION to Dismiss Party filed by Defendant Federal Bureau of Prisons. (Padden, Amy) |
Filing 90 REPLY to Response to 72 MOTION to Dismiss Party filed by Defendant Ron Wiley. (Padden, Amy) |
Filing 89 REPLY to Response to 68 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Party filed by Defendants Harley Lappin, Michael Nalley. (Padden, Amy) |
Filing 88 Docket Annotation re: 76 MOTION to Dismiss Party (offical capacity). Title of the text has been Edited to reflect that of the document filed. Motion to Dismiss Amended Complaint by Steven Nafziger. Text only entry - no document attached (erv2, ) |
Filing 87 RESPONSE to 76 MOTION to Dismiss Second Amended Complaint Party Steven Nafziger(offical capacity), filed by Plaintiff Terry L. Nichols. (erv, ) |
Filing 86 RESPONSE to 73 Jones and Bauer's Motion to Dismiss 2nd Amended Complaint filed by Plaintiff Terry L. Nichols. (sah, ) |
Filing 85 MINUTE ORDER re: 83 MOTION to Dismiss Party Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Defendant Powley. Mr. Nichols may file any response he has to Defendant Powley's Motion to Dismiss on or before November 23, 2009. By Magistrate Judge Craig B. Shaffer on 10/27/2009. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbslc1) |
Filing 84 MEMORANDUM regarding 83 MOTION to Dismiss Party Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Keith Powley. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 10/27/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) |
Filing 83 MOTION to Dismiss Party Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by Defendant Keith Powley. (Padden, Amy) |
Filing 82 RESPONSE to 74 MOTION to Dismiss Party filed by Plaintiff Terry L. Nichols. (sah, ) |
Filing 81 RESPONSE to 72 MOTION to Dismiss 2nd Amended Complaint filed by Plaintiff Terry L. Nichols. (sah, ) |
Filing 80 RESPONSE to 68 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Party filed by Plaintiff Terry L. Nichols. (sah, ) |
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Filing 78 MINUTE ORDER re: 72 MOTION to Dismiss Party filed by Defendant Ron Wiley, 76 MOTION to Dismiss Party filed by Defendant Stephen Nafziger, 73 MOTION to Dismiss Party filed by Defendants Derrick Jones and Rod Bauer, 74 MOTION to Dismiss Party filed by Defendant Federal Bureau of Prisons. Plaintiff Mr. Nichols may file any response he has to these motions on or before October 30, 2009. By Magistrate Judge Craig B. Shaffer on 10/01/2009. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbslc1) |
Filing 77 MEMORANDUM regarding 72 MOTION to Dismiss Party filed by Ron Wiley, 76 MOTION to Dismiss Party (offical capacity) filed by Stephen Nafziger, 75 MOTION for Extension of Time to File Answer or Otherwise Respond re 67 Amended Complaint filed by Keith Powley, 73 MOTION to Dismiss Party filed by Derrick Jones, Rod Bauer, 74 MOTION to Dismiss Party filed by Federal Bureau of Prisons. Motions referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 10/01/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) |
Filing 76 MOTION to Dismiss the Second Amended Complaint Party in their offical capacity) by Defendant Stephen Nafziger. (Attachments: # 1 Exhibit A)(Padden, Amy) (Modified on 11/3/2009 edited title of text to that of the document filed)(erv2, ). |
Filing 75 MOTION for Extension of Time to File Answer or Otherwise Respond re 67 Amended Complaint by Defendant Keith Powley. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) |
Filing 74 MOTION to Dismiss Party by Defendant Federal Bureau of Prisons. (Padden, Amy) |
Filing 73 MOTION to Dismiss Party by Defendants Derrick Jones, Rod Bauer. (Padden, Amy) |
Filing 72 MOTION to Dismiss Party by Defendant Ron Wiley. (Attachments: # 1 Exhibit A)(Padden, Amy) |
Filing 71 PAYMENT RECEIVED from Terry L. Nichols in the amount of $ 25.00; Receipt Number 22276; Monthly Payment. (gms, ) |
Filing 70 MINUTE ORDER re: 68 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Michael Nalley and Harley Lappin. Mr. Nichols may file any response he has to the Motion to Dismiss on or before October 19, 2009. By Magistrate Judge Craig B. Shaffer on 09/22/2009. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbslc1) |
Filing 69 MEMORANDUM regarding 68 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Party filed by Michael Nalley, Harley Lappin. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 9/22/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) |
Filing 68 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss Party by Defendants Harley Lappin, Michael Nalley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Padden, Amy) |
Filing 67 SECOND AMENDED COMPLAINT against Stephen Nafziger, Derrick Jones, Keith Powley, Federal Bureau of Prisons, Harley Lappin, Michael Nalley, Ron Wiley, Rod Bauer, filed by Terry L. Nichols.(erv, ) |
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Filing 65 RESPONSE to 62 MOTION to Amend/Correct/Modify 2 Complaint, filed by Defendants N. Gladbach, M. A. Kellar, USA, Federal Bureau of Prisons, Harley Lappin, Michael Nalley, Perry, Ron Wiley, Rod Bauer. (Padden, Amy) |
Filing 64 MEMORANDUM regarding 62 MOTION to Amend/Correct/Modify 2 Complaint, filed by Terry L. Nichols. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 8/24/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) |
Filing 63 RESPONSE to 56 MOTION to Dismiss for Lack of Jurisdiction the Amended Complaint filed by Plaintiff Terry L. Nichols. (erv, ) |
Filing 62 MOTION for leave to file Second Amended 2 Complaint, by Plaintiff Terry L. Nichols. (Attachments: # 1 Proposed Document Second Amended Complaint)(erv, ) |
Filing 61 PAYMENT RECEIVED from Terry L. Nichols in the amount of $ 20.00; Receipt Number COX021374; monthly Payment. (erv, ) |
Filing 60 PAYMENT RECEIVED from Terry L. Nichols in the amount of $ 10.00; Receipt Number COX021118; monthly Payment. (erv, ) |
Filing 59 SUMMONS Returned Executed upon defendant(s) Ron Wiley served on 7/29/2009, answer due 9/28/2009. (erv, ) |
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Filing 57 MEMORANDUM regarding 56 MOTION to Dismiss for Lack of Jurisdiction the Amended Complaint filed by Federal Bureau of Prisons, USA.Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 7/28/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cmacd ) |
Filing 56 MOTION to Dismiss for Lack of Jurisdiction the Amended Complaint by Defendants USA, Federal Bureau of Prisons. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Padden, Amy) |
Filing 55 CERTIFICATE of Mailing/Service re 4 MOTION for Preliminary Injunction by Plaintiff Terry L. Nichols. (erv, ) |
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Filing 52 MEMORANDUM regarding 51 MOTION for Order to filed by Terry L. Nichols. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 7/15/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cmasec) |
Filing 51 MOTION for Order to have the Court Serve Defendants in their individual capacities by Plaintiff Terry L. Nichols. (erv, ) |
Filing 50 SUMMONS Returned Executed upon defendant(s) M. Schiefelbein served on 7/10/2009, answer due 9/8/2009. (erv, ) |
Filing 49 PAYMENT RECEIVED from Terry L. Nichols in the amount of $ 20.00; Receipt Number COX020349; monthly Payment. (erv, ) |
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Filing 47 MEMORANDUM regarding 45 MOTION for Leave to filed by Terry L. Nichols. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 7/09/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cmasec) |
Filing 46 MOTION for Leave to Supplement 21 MOTION to Amend 14 Order on Motion for Preliminary Injunction, Order on Motion for Order, by Plaintiff Terry L. Nichols. (erv, ) |
Filing 45 MOTION for Leave to Supplement Plaintiff's Pleadings, Motions and Briefs as each being Veriified by Plaintiff Terry L. Nichols. (erv, ) |
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Filing 43 SUPPLEMENT/AMENDMENT to 40 MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Stephen Nafziger, N. Gladbach, M. A. Kellar, M. Schappaugh, Derrick Jones, Darron Gall, Keith Powley, USA, Federal Bureau of Prisons, Harley Lappin, Michael Nalley, Perry, Ron Wiley, Rod Bauer, Lawrence Leyba. (Attachments: # 1 Exhibit A)(Padden, Amy) |
Filing 42 STIPULATION for Extension of Time to Answer or Respond to Complaint by Plaintiff Terry L. Nichols, Defendants USA, Federal Bureau of Prisons. (Padden, Amy) |
Filing 41 MEMORANDUM regarding 40 MOTION for Extension of Time to File Answer or Otherwise Respond filed by N. Gladbach, Perry, Stephen Nafziger, Derrick Jones, M. Schappaugh, Keith Powley, Federal Bureau of Prisons, M. A. Kellar, Darron Gall, Lawrence Leyba, Ron Wiley, Harley Lappin, USA, Michael Nalley, Rod Bauer. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 7/06/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cmasec) |
Filing 40 MOTION for Extension of Time to File Answer or Otherwise Respond to 2 Complaint, by Defendants Stephen Nafziger, N. Gladbach, M. A. Kellar, M. Schappaugh, Derrick Jones, Darron Gall, Keith Powley, USA, Federal Bureau of Prisons, Harley Lappin, Michael Nalley, Perry, Ron Wiley, Rod Bauer, Lawrence Leyba. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Modified on 7/6/2009 added link to Complaint)(erv, ). |
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Filing 38 MEMORANDUM regarding 37 MOTION to Appoint Counsel filed by Terry L. Nichols. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 6/23/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cmasec) |
Filing 37 MOTION to Appoint Counsel by Plaintiff Terry L. Nichols. (erv, ) |
Filing 36 NOTICE of Entry of Appearance by Amy L. Padden on behalf of USA (Padden, Amy) |
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Filing 34 MEMORANDUM regarding 33 MOTION for Order to filed by Terry L. Nichols. Motion referred to Magistrate Judge Craig B. Shaffer. Entered by Judge Christine M. Arguello on 6/5/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cmacd ) |
Filing 33 MOTION for Order to Correct Court's Clerical Error in it's 25 Order of May 13, 2009 by Plaintiff Terry L. Nichols. (erv, ) |
Filing 32 Letter from Plaintiff re 25 Order on Motion to Amend Complaint regarding typographical errors. (erv, ) |
Filing 31 PAYMENT RECEIVED from Terry L. Nichols in the amount of $ 25.00; Receipt Number COX019297; monthly Payment. (erv, ) |
Filing 30 AFFIDAVIT/RETURN of Service of upon United States Attorney General (jjh, ) |
Filing 29 SUMMONS Returned Executed upon defendant(s) Harley Lappin served on 5/11/2009, answer due 7/10/2009. (erv, ) |
Filing 28 SUMMONS Returned Executed upon defendant(s) Federal Bureau of Prisons served on 5/12/2009, answer due 7/13/2009. (erv, ) (Modified on 5/15/2009 corrected party served to FBOP)(erv2, ). |
Filing 27 PAYMENT RECEIVED from Terry L. Nichols in the amount of $ 20.00; Receipt Number COX018929; monthly Payment. (erv, ) |
Filing 26 SUMMONS Returned Executed upon defendant(s) Michael Nalley served on 5/8/2009, answer due 7/7/2009. (erv, ) |
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Filing 24 ACKNOWLEDGMENT AFFIDAVIT/RETURN of Service of upon Ms Perry Regional Health Services Admin. on 5/7/09 (erv, ) |
Filing 23 ACKNOWLEDGEMENT AFFIDAVIT/RETURN of Service of upon United States Attorney's Office for the District of Colorado on 5/5/09 (erv, ) |
Filing 22 MEMORANDUM regarding 20 MOTION to Amend 2 Complaint, filed by Terry L. Nichols, 21 MOTION to Amend 14 Order on Motion for Preliminary Injunction, filed by Terry L. Nichols. Motions referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 5/8/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(erv, ) |
Filing 21 MOTION to Alter or Amend 14 Order on Motion for Preliminary Injunction, by Plaintiff Terry L. Nichols. (Attachments: # 1 Brief in support of Motion)(erv, ) |
Filing 20 MOTION to Amend 2 Complaint, by Plaintiff Terry L. Nichols. (erv, ) |
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Filing 18 Letter from Plaintiff regarding monthly payments re 3 Order on Motion for Leave to Proceed in Forma Pauperis. (erv, ) |
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Filing 16 Letter from The Clerk of Court to all parties that this case has been assigned to Judge Christine M. Arguello for all future filings (erv, ) |
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Filing 12 Ex Parte Motion Requesting Extension of Time to Make Initial Partial Filing Fee Payment. Inmate Account STATEMENT re 3 by Plaintiff Terry L. Nichols. (jjh, ) |
Filing 11 CERTIFICATE of Mailing/Service by Plaintiff Terry L. Nichols. (jjh, ) |
Filing 10 PAYMENT RECEIVED from Terry L. Nichols in the amount of $ 23.00; Receipt Number 17858; Initial Payment. (jjh, ) |
Filing 9 BRIEF in Support re 4 MOTION for Preliminary Injunction filed by Plaintiff Terry L. Nichols. (jjh, ) |
Filing 8 LETTER by Plaintiff Terry L. Nichols. (jjh, ) |
Filing 7 MOTION to Add Certificate of Service by Plaintiff Terry L. Nichols. (jjh, ) |
Filing 6 MOTION Requesting Court to Serve Documents by Plaintiff Terry L. Nichols. (jjh, ) |
Filing 5 (NOTICE) Order to Show Cause for a Preliminary Injunction 4 (Proposed Order) by Plaintiff Terry L. Nichols (jjh, ) |
Filing 4 MOTION for Preliminary Injunction by Plaintiff Terry L. Nichols. (jjh, ) |
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Filing 2 PRISONER COMPLAINT against Stephen Nafziger, N. Gladbach, M. A. Kellar, M. Schappaugh, Unkown ADX Staff Actors, Jones, Darron Gall, Keith Powley, United States of America, Federal Bureau of Prisons, Harley Lappin, Michael Nally, Perry, Ron Wiley, Rod Bauer, Lawrence Leyba, filed by Terry L. Nichols.(jak, ) |
Filing 1 MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 by Plaintiff Terry L. Nichols. (jak, ) |
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