Smith v. Nichols
Tommie L. Smith |
Beverly Dowis, Hilyer, Fitzgerald, Balke, M. Scott, Nicole Wilson, Graham, E. Lawson, Russia, Virgil Nichols, Kevin Milyard, Michaels, Vorwald, Department of Corrections of Sterling Correctional Facility Medical Department, Allen Harms, Negley, No Defendants Named, Barnhill, T.W. Scott, Carney, Walraven, McHahill, Middleton, Galino, J. Moon, John Chapelaine, Blecher, Oaks, Smith, R. Fleharty and Denny Owens |
Shawna Roche |
1:2009cv01139 |
May 18, 2009 |
US District Court for the District of Colorado |
Denver Office |
Logan |
Boyd N Boland |
Marcia S Krieger |
Prisoner - Prison Condition |
42 U.S.C. § 1983 |
Plaintiff |
Docket Report
This docket was last retrieved on January 24, 2013. A more recent docket listing may be available from PACER.
Document Text |
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Filing 199 MANDATE of USCA as to #170 Notice of Appeal filed by Tommie L. Smith, #198 USCA Order/Opinion/Judgment : Affirmed. (USCA Case No. 12-1029) (lswsl ) |
Filing 198 USCA Order and Judgment as to #170 Notice of Appeal filed by Tommie L. Smith : Affirmed. (USCA Case No. 12-1029) (This document is not the Mandate) (lswsl ) |
Filing 197 NOTICE: Appeal Transcript from Paul Zuckerman. All appeal transcripts ordered from this reporter have been completed. (lswsl, ) |
Filing 196 Supplemental Record on Appeal transmitted to US Court of Appeals re #170 Notice of Appeal filed by Tommie L. Smith. Supplemental Volume Numbers: I and II. (lswsl, ) |
Filing 195 TRANSCRIPT of Trial to Jury: Volume 6 held on 1-6-12 before Judge Krieger. Pages: 677-733. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 10/18/2012. (Zuckerman, Paul) Modified on 7/17/2012 to adjust text paragraphs (wjcsl, ). |
Filing 194 TRANSCRIPT of Trial to Jury: Volume 5 held on 1-5-12 before Judge Krieger. Pages: 482-676. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 10/18/2012. (Zuckerman, Paul) Modified on 7/17/2012 to adjust text paragraphs (wjcsl, ). |
Filing 193 TRANSCRIPT of Trial to Jury: Volume 4 held on 1-4-12 before Judge Krieger. Pages: 256-481. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 10/18/2012. (Zuckerman, Paul) Modified on 7/17/2012 to adjust text paragraphs (wjcsl, ). |
Filing 192 TRANSCRIPT of Trial to Jury: Volume 3 held on 1-3-12 before Judge Krieger. Pages: 71-255. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 10/18/2012. (Zuckerman, Paul) Modified on 7/17/2012 to adjust text paragraphs (wjcsl, ). |
Filing 191 VOIR DIRE TRANSCRIPT of proceedings held on 1-3-12 before Judge Krieger. Pages: 11-71. (Zuckerman, Paul) |
Filing 190 TRANSCRIPT of Trial to Jury: Volume 1 held on 1-3-12 before Judge Krieger. Pages: 1-10. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 10/18/2012. (Zuckerman, Paul) Modified on 7/17/2012 to adjust text paragraphs (wjcsl, ). |
Filing 189 NOTICE of Change of Address/Contact Information by Plaintiff Tommie L. Smith (mjgsl, ) |
Filing 188 REPORTER TRANSCRIPT ORDER FORM filed by Paul Zuckerman; Transcripts ordered Jury Trial 1/3/12 - 1/6/12 re: #170 Notice of Appeal, #187 USCA Order. Transcript due by 9/1/2012. (lswsl, ) |
Filing 187 ORDER of USCA as to #170 Notice of Appeal filed by Tommie L. Smith. (USCA Case No. 12-1029) This is to direct that the district court forward, as a supplemental record on appeal, the transcript for the 4-day trial proceedings held on January 3-6, 2012. (lswsl, ) |
Filing 186 NOTICE of Change of Address - Temp., by Plaintiff Tommie L. Smith. (wjcsl, ) |
Filing 185 NOTICE of Change of Address by Plaintiff Tommie L. Smith. (wjcsl, ) |
Filing 184 Transmitted Record on Appeal to US Court of Appeals re #170 Notice of Appeal by Tommie Smith. Volume Number: 1. USCA case no. 12-1029. (Attachments: #1 Docket Sheet)(bjrsl, ) |
Filing 183 ORDER granting #171 Motion for Leave to Appeal in Forma Pauperis re #170 Notice of Appeal ; denying #173 Motion to Appoint Counsel with leave to re-file in the 10th CIrcuit Court of Appeals by Judge Marcia S. Krieger on 03/05/12.(bjrsl, ) |
Filing 182 LETTER re #170 Notice of Appeal filed by Tommie L. Smith. Briefing schedule issued. USCA case no. 12-1029. (bjrsl, ) |
Filing 181 REPLY REGARDING APPEAL FROM THE CLERK OF THE COURT'S TAXATION OF COSTS by Plaintiff Tommie L. Smith. (Donnelly, Katayoun) |
Filing 180 RESPONSE to #179 Notice (Other) by Defendant Virgil Nichols. (Ruiz, Kristin) |
Filing 179 NOTICE re #178 Costs Taxed APPEAL FROM THE CLERK OF THE COURT'S AWARD OF COSTS by Plaintiff Tommie L. Smith (Donnelly, Katayoun) |
Filing 178 Costs Taxed in amount of $ 1,530.64 against Plaintiff. (wjc, ) |
Filing 177 NOTICE re #175 Notice (Other) OF ATTENDANCE VIA TELEPHONE CONFERENCE by Plaintiff Tommie L. Smith (Donnelly, Katayoun) |
Filing 175 NOTICE regarding Taxation of Costs Hearing by Defendant Virgil Nichols (Ruiz, Kristin) |
Filing 176 USCA Case Number 12-1029 for #170 Notice of Appeal filed by Tommie L. Smith. (bjrsl, ) |
Filing 174 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #170 Notice of Appeal filed by Tommie L. Smith to the U.S. Court of Appeals. (Pro se; 1915 motion pending) (Attachments: #1 Docket SHeet, #2 Preliminary Record including Notice of Appeal)(bjrsl, ) Modified on 1/26/2012 to indicate that copies of appeal and docket sheet mailed to plaintiff. (bjrsl, ). |
Filing 173 MOTION to Appoint Counsel on appeal by Plaintiff Tommie L. Smith. (bjrsl, ) |
Filing 172 DECLARATION in support of MOTION for Leave to Proceed on Appeal Under 28 U.S.C. 1915 #171 by Plaintiff Tommie L. Smith. (bjrsl, ) |
Filing 171 MOTION for Leave to Proceed on Appeal Under 28 U.S.C. 1915 by Plaintiff Tommie L. Smith. (bjrsl, ) |
Filing 170 NOTICE OF APPEAL as to #161 Jury Trial - Completed, #162 Judgment by Plaintiff Tommie L. Smith. Fee Status: 1915 motion pending. Notice mailed to all counsel on 01/26/12. (Attachments: #1 Envelope)(bjrsl, ) |
Filing 169 Writ of Habeas Corpus ad Testificandum as to Tommie L. Smith Returned Executed on 01/03/2012. (wjc, ) |
Filing 168 NOTICE OF WITHDRAWAL AS ATTORNEY OF RECORD by Plaintiff Tommie L. Smith (Munn, D.) |
Filing 167 NOTICE OF WITHDRAWAL AS ATTORNEY OF RECORD by Plaintiff Tommie L. Smith (Donnelly, Katayoun) |
Filing 166 Proposed Bill of Costs by Defendant Virgil Nichols. (Ruiz, Kristin) |
Filing 165 LETTER by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 164 LETTER by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 163 Letter requesting appeal forms and motions from Tommie Smith. (Appeal forms and docket sheet mailed to plaintiff.) (Attachments: #1 Envelope) (bjrsl, ) |
Filing 162 JUDGMENT re: #161 Jury Trial - Completed, by Judge Marcia S. Krieger on 01/09/2012. (wjc, ) |
Filing 161 MINUTE ENTRY for Jury Trial day 4 before Judge Marcia S. Krieger completed on 1/6/2012. Closing arguments. JURY VERDICT. (Court Reporter: Paul Zuckerman) (mskcd) |
Filing 160 Plaintiff's Tendered Jury Instructions, Court's Instruction and parties' Stipulation. (mskcd) |
Filing 159 Court's Proposed Final Jury Instructions and Verdict Form. (mskcd) |
Filing 158 MINUTE ENTRY for Jury Trial Day Three held before Judge Marcia S. Krieger on 1/5/2012. Witness testimony, exhbits admitted/refused are as reflected in the Minutes. Charging Conference held. Trial Continued. (Court Reporter: Paul Zuckerman) (mskcd) |
Filing 157 MINUTE ENTRY for Jury Trial Day Two held before Judge Marcia S. Krieger on 1/4/2012. Witness testimony and exhibits admitted/refused and oral rulings,if any, are reflected in the Minutes. Trial Continues. (Court Reporter: Paul Zuckerman) (mskcd) Modified on 1/6/2012 to add text Day Two (wjc, ). |
Filing 156 MINUTE ENTRY for Jury Trial Day One held before Judge Marcia S. Krieger on 1/3/2012. Jury selection and opening statements completed. Witness testimony, exhibits received/refused and oral rulings, if any, are as reflected in the Minutes. Trial Continued. (Court Reporter: Paul Zuckerman) (mskcd) |
Filing 155 ORDER granting #154 Motion to Amend Exhibit List, by Judge Marcia S. Krieger on 1/3/2012. Text Only Entry(msklc1, ) |
Filing 154 Stipulated MOTION to Amend/Correct/Modify 148 Order, #144 Proposed Pretrial Order, by Plaintiff Tommie L. Smith. (Attachments: #1 Exhibit Exhibit A - Second Amended Joint Exhibit List, #2 Proposed Order (PDF Only) Proposed Order)(Munn, D.) |
Filing 153 STATUS REPORT Regarding Compliance with Court's Order (Doc. 152) Granting in Part Motion to Quash Subpoena to Produce Documents by Interested Party Shawna Roche. (Attachments: #1 Affidavit Marshall Griffith)(Alber, Christopher) |
Filing 152 ORDER GRANTING IN PART AND DENYING IN PART MOTION TO QUASH. The #149 Motion to Quash Subpoena to Produce Documents is granted and denied, by Judge Marcia S. Krieger on 12/27/2011.(wjc, ) |
Filing 151 RESPONSE to #149 MOTION to Quash Subpoena to Produce Documents filed by Plaintiff Tommie L. Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Donnelly, Katayoun) Modified on 12/23/2011 to delete duplicate text (wjc, ). |
Filing 150 MINUTE ORDER: The Plaintiff shall file any response to #149 MOTION to Quash Subpoena to Produce Documents by Interested Party Shawna Roche, the Custodian of Records for the Sterling Correctional Facility, on or before December 27, 2011, by Judge Marcia S. Krieger on 12/21/2011. Text Only Entry (msklc1, ) |
Filing 149 MOTION to Quash Subpoena to Produce Documents by Interested Party Shawna Roche, the Custodian of Records for the Sterling Correctional Facility. (Attachments: #1 Exhibit A, #2 Exhibit B)(Alber, Christopher) Modified on 12/20/2011 to insert the actual name of the filer(gmssl, ). |
Filing 148 ORDER APPROVING #144 Proposed Pretrial Order, filed by Tommie L. Smith by Judge Marcia S. Krieger on 12/16/11. Text Only Entry (msksec, ) |
Filing 147 ORDER DENYING #140 EMERGENCY MOTION TO COMPEL PRODUCTION OF DOCUMENTS BEFORE TRIAL as premature, by Judge Marcia S. Krieger on 12/16/2011.(wjc, ) |
Filing 146 Proposed Voir Dire by Defendant Virgil Nichols. (Huss, Robert) |
Filing 145 RESPONSE to #140 Emergency MOTION to Compel Production of Documents Before Trial filed by Defendant Virgil Nichols. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6, #7 Exhibit A-7, #8 Exhibit A-8, #9 Exhibit A-9, #10 Exhibit A-10, #11 Exhibit A-11)(Huss, Robert) |
Filing 144 Proposed Pretrial Order Amended Final by Plaintiff Tommie L. Smith. (Attachments: #1 Exhibit Amended Joint Witness List, #2 Exhibit Amended Joint Exhibit List, #3 Exhibit Defendants Disputed Jury Instructions, #4 Exhibit Plaintiffs Disputed Jury Instructions, #5 Exhibit Stipulated Jury Instructions)(Donnelly, Katayoun) |
Filing 143 Proposed Voir Dire by Plaintiff Tommie L. Smith. (Munn, D.) |
Filing 142 NOTICE of Entry of Appearance by Jacquelynn Nichole Rich Fredericks on behalf of Virgil Nichols (Rich Fredericks, Jacquelynn) |
Filing 141 ORDER DIRECTING RESPONSE: A response to the #140 Emergency MOTION to Compel Production of Documents Before Trial filed by Tommie L. Smith shall be filed on or before December 15, 2011. by Judge Marcia S. Krieger on 12/13/11. Text Only Entry (msksec, ) |
Filing 140 Emergency MOTION to Compel Production of Documents Before Trial by Plaintiff Tommie L. Smith. (Attachments: #1 Exhibit, #2 Proposed Order (PDF Only))(Donnelly, Katayoun) |
Filing 139 ORDER denying #138 Motion to Amend/Correct/Modify Writ for failure to show good cause. by Judge Marcia S. Krieger on 12/7/11. Text Only Entry(msksec, ) |
Filing 138 MOTION to Amend/Correct/Modify #136 Writ Issued by Plaintiff Tommie L. Smith. (Munn, D.) |
Filing 137 CERTIFICATE of Service by Clerk of Court re #136 Writ of Habeas Corpus Ad Testificandum to U.S. Marshal, via D.C. Box. Text Only Entry. (wjc, ) |
Filing 136 WRIT of Habeas Corpus Ad Testificandum issued as to Tommie L. Smith for 01/03/2012 trial. (wjc, ) |
Filing 135 MOTION for Writ of Habeas Corpus ad testificandum by Plaintiff Tommie L. Smith. (Attachments: #1 Proposed Order (PDF Only))(Donnelly, Katayoun) |
Filing 134 MINUTE ENTRY for Law and Motion Hearing held before Judge Marcia S. Krieger on 11/22/2011. Matters addressed, rulings on oral motions and deadlines imposed are set forth in the Minutes. (Court Reporter: Paul Zuckerman) (mskcd) |
Filing 133 NOTICE of Entry of Appearance by Kristin A. Ruiz on behalf of Virgil Nichols (Ruiz, Kristin) |
Filing 132 ORDER granting #131 Motion for Hearing/Conference. A Law and Motion Hearing is set for 11/22/2011 at 01:30 PM in Courtroom A 901 before Judge Marcia S. Krieger. Parties shall be prepared to address the issues raised in the Motion. by Judge Marcia S. Krieger on 10/26/11. Text Only Entry(msksec, ) |
Filing 131 Joint MOTION for Hearing/Conference by Plaintiff Tommie L. Smith. (Attachments: #1 Proposed Order (PDF Only))(Donnelly, Katayoun) |
Filing 130 NOTICE of Entry of Appearance by D. Rico Munn on behalf of Tommie L. Smith (Munn, D.) |
Filing 129 NOTICE of Entry of Appearance by Katayoun Azizpour Donnelly on behalf of Tommie L. Smith (Donnelly, Katayoun) |
Filing 128 Plaintiff REPLY of #124 Defendant Proposed Jury Instructions by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 127 LETTER by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 126 LETTER to Gregory C. Langham by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 125 LETTER to Gregory C. Langham by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 124 Proposed Jury Instructions by Defendant Virgil Nichols. (Attachments: #1 Continuation of Main Document Jury Instructions)(Huss, Robert) |
Filing 123 Proposed Voir Dire by Defendant Virgil Nichols. (Huss, Robert) |
Filing 122 LETTER to Clerk of the Court by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 121 Plaintiff's Propose Voir Dire. (wjc, ) |
Filing 120 LETTER to Clerk of the Court by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 119 LETTER by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 118 Minute Entry for Final Pretrial Conference held before Judge Marcia S. Krieger on 6/30/2011. #115 Motion to Appoint Counsel is GRANTED in part and DENIED in part. Jury Trial (3 days) is set for 1/3/2012 - 1/5/2012 at 08:30 AM in Courtroom A 901 before Judge Marcia S. Krieger. Other matters addressed and deadlines imposed by the Court are as set forth in the Minutes. (Court Reporter: Paul Zuckerman) (mskcd) |
Filing 117 LETTER by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 116 Proposed Pretrial Order by Defendant Virgil Nichols. (Attachments: #1 Attachment 1, #2 Exhibit List, #3 Witness List)(Huss, Robert) |
Filing 115 Application for Appointment of Counsel Pursuant to 28 U.S.C. 1915(e)(1), by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 114 Docket Annotation re: #113 Order on Motion for Summary Judgment. This docket entry was modified to correct the file date and the date signed by Judge Krieger. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (gmssl, ) |
Filing 113 OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT: IT IS THEREFORE ORDERED that (1) Defendant Sergeant Virgil Nichols's Motion for Summary Judgment #88 is GRANTED IN PART insofar as it seeks a determination that the claim against Sergeant Nichols in his official capacity is barred by the Eleventh Amendment but DENIED IN PART insofar as it seeks summary judgment as to the claim against Sergeant Nichols in his individual capacity. (2) A Final Pretrial Conference is scheduled for 6/30/2011 at 09:00 AM in Courtroom A 901 before Judge Marcia S. Krieger. All provisions of the Court's Trial Preparation Order shall apply to the rescheduled conference. Judge Marcia S. Krieger on 3/17/11. (msksec, ) Modified on 3/21/2011 to correct the file date and the date signed by Judge Krieger (gmssl, ). |
Filing 112 LETTER Re: Misunderstanding, by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 111 ORDER :denying #109 Motion to Appoint Counsel. All future Motions shall be served on counsel for the defendant in accordance with Rule 5, Fed. R. Civ. P., and shall be accompanied by a proper Certificate of Service. Failure to comply with this order and my previous orders may result in sanctions, including dismissal of this case, by Magistrate Judge Boyd N. Boland on 1/31/11.(bnbcd, ) |
Filing 110 MEMORANDUM regarding #109 MOTION to Appoint Counsel filed by Tommie L. Smith. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 1/18/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) |
Filing 109 MOTION for Appointment of Voulnteer [sic] Counsel Pursuant to 28 U.S.C., 1915(e)(1), by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 108 NOTICE of Change of Address by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 107 NOTICE of Change of Address by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 106 ORDER: denying #96 Motion to Production of Evidences and Discovery, by Magistrate Judge Boyd N. Boland on 1/4/11.(bnbcd, ) |
Filing 105 NOTICE - Pro Se, by Plaintiff Tommie L. Smith (mnf, ) |
Filing 104 RESPONSE to #96 MOTION to Compel filed by Defendant Virgil Nichols. (Huss, Robert) |
Filing 103 MINUTE ORDER: granting #101 Motion for Extension of Time to Respond to Plaintiffs Motion for Production of Documents. Defendant shall have to and including December 23, 2010 in which to respond to the Motion for Production of Documents (#96), by Magistrate Judge Boyd N. Boland on 12/22/10.(bnbcd, ) Modified on 12/23/2010 to correct linkage (wjc, ). |
Filing 102 MEMORANDUM regarding #101 MOTION for Extension of Time to File Response/Reply as to #96 MOTION to Compel filed by Virgil Nichols. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 12/21/2010. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msklc1, ) |
Filing 101 MOTION for Extension of Time to File Response/Reply as to #96 MOTION to Compel by Defendant Virgil Nichols. (Huss, Robert) |
Filing 100 ORDER VACATING FINAL PRETRIAL CONFERENCE: A review of this matter indicates that dispositive motions will not be determined by the Final Pretrial Conference date on December 30, 2010. Accordingly, the conference is VACATED and will be reset upon determination of the motions. Judge Marcia S. Krieger on 12/10/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) |
Filing 99 Final Pre-Trial Conference by Plaintiff Tommie L. Smith. (Attachments: #1 Part 2)(wjc, ) |
Filing 98 MINUTE ORDER. Defendant shall respond to the #96 MOTION to Production of Evidences and Discovery on or before 12/21/2010. No reply will be accepted without leave of Court, by Magistrate Judge Boyd N. Boland on 11/23/2010. (wjc, ) |
Filing 97 MEMORANDUM regarding #96 MOTION to Compel filed by Tommie L. Smith. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 11/22/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) |
Filing 96 MOTION to Production of Evidences and Discovery by Plaintiff Tommie L. Smith. (Attachments: #1 Part 2 of 2)(wjc, ) Modified on 12/23/2010 to reactivate motion (wjc, ). |
Filing 95 LETTER to Clerk by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 94 ORDER: re: #90 Letter filed by Tommie L. Smith is stricken. The plaintiff shall cease filing inappropriate papers with the court. Failure to comply may result in sanctions, including dismissal of this case, by Magistrate Judge Boyd N. Boland on 9/1/10. (bnbcd, ) |
Filing 93 ORDER: denying #89 the plaintiffs Motion to Production of Evidences and Discovery. All future Motions shall be served on counsel for the defendant in accordance with Rule 5, Fed. R. Civ. P., and shall be accompanied by a proper Certificate of Service. Failure to comply may result in sanctions, including dismissal of this case, by Magistrate Judge Boyd N. Boland on 9/1/10.(bnbcd, ) |
Filing 92 Motion (RESPONSE) to Deny #88 Defendant's MOTION for Summary Judgment on Plaintiff's Complaint, filed by Plaintiff Tommie L. Smith. (Attachments: #1 Exhibits)(wjc, ) |
Filing 91 MEMORANDUM regarding #89 MOTION to Compel filed by Tommie L. Smith.Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 8/20/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) |
Filing 90 STRICKEN - LETTER by Plaintiff Tommie L. Smith. (wjc, ) Modified on 9/3/2010 to add text Stricken pursuant to #94 Order dated 09/01/2010 (wjc, ). |
Filing 89 MOTION to Production of Evidences and Discovery by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 88 MOTION for Summary Judgment by Defendant Virgil Nichols. (Attachments: #1 Exhibit A-1 - Interrogatory Response, #2 Exhibit A-2 - Document Production Response, #3 Exhibit A-3 - Incident Report, #4 Exhibit A-4 - Incident Report, #5 Exhibit A-5 - Incident Report, #6 Exhibit A-6 - Notice of Charges, #7 Exhibit A-7 - Disposition of Charges, #8 Exhibit A-8 - Disciplinary Query, #9 Affidavit Exhibit A-9 - Sergeant Moon, #10 Affidavit Exhibit A-10 - Sergeant Nichols, #11 Exhibit A-11 - Incident Report, #12 Exhibit A-12 - Incident Report, #13 Exhibit A-13 - Incident Report, #14 Exhibit A-14 - Incident After Action Report, #15 Exhibit A-15 - Use of Force Report, #16 Exhibit A-16 - Memorandum, #17 Exhibit A-17 - Anatomical Examination, #18 Exhibit A-18 - Anatomical Examination)(Huss, Robert) |
Filing 87 ORDER. The #86 Notice - Pro Se entitled Courtesy Copie is STRICKEN. The plaintiff shall cease filing inappropriate papers with the court, by Magistrate Judge Boyd N. Boland on 05/27/2010. (wjc, ) |
Filing 86 STRICKEN - NOTICE - Pro Se by Plaintiff Tommie L. Smith. (wjc, ) Modified on 5/27/2010 to add text Stricken pursuant to Order dated 05/27/2010 (wjc, ). |
Filing 85 NOTICE of Change of Address by Plaintiff Tommie L. Smith (gmssl, ) |
Filing 84 ORDER. Docs. #50 , #53 , #55 , #59 , #66 , #67 , #68 , #74 , #75 , #78 , #79 , #80 , #82 , and #83 are STRICKEN. All future applications to the court for relief shall be submitted in the form of a motion in compliance with Rule 7 and shall be served on counsel for the defendants in accordance with Rule 5. Any attempts by the plaintiff to amend his Complaint are DENIED WITHOUT PREJUDICE, subject to compliance with this Order, by Magistrate Judge Boyd N. Boland on 04/20/2010. (wjc, ) |
Filing 83 STRICKEN - NOTICE - Pro Se by Plaintiff Tommie L. Smith. (wjc, ) Modified on 4/20/2010 to add text Stricken pursuant to Order dated 04/20/2010 (wjc, ). |
Filing 82 STRICKEN - Expert Witnesses Exhibits by Plaintiff Tommie L. Smith. (wjc, ) Modified on 4/20/2010 to add text Stricken pursuant to Order dated 04/20/2010 (wjc, ). |
Filing 81 Docket Annotation re: #80 Exhibits. Modified on 3/12/2010 to edit text title of document. Text only entry - no document attached. (wjc, ) |
Filing 80 STRICKEN - Expert Witnesses Exhibits by Plaintiff Tommie L. Smith. (wjc, ) Modified on 3/12/2010 to edit text title of document (wjc, ). Modified on 4/20/2010 to add text Stricken pursuant to Order dated 04/20/2010 (wjc, ). |
Filing 79 STRICKEN - Expert Witnesses Exhibits by Plaintiff Tommie L. Smith. (wjc, ) Modified on 4/20/2010 to add text Stricken pursuant to Order dated 04/20/2010 (wjc, ). |
Filing 78 STRICKEN - LETTER by Plaintiff Tommie L. Smith. (wjc, ) Modified on 4/20/2010 to add text Stricken pursuant to Order dated 04/20/2010 (wjc, ). |
Filing 77 ORDER amending prior docket entry (#76). The Motion for TRO (#41) is denied consistent with the Recommendation. By Judge Marcia S. Krieger on 2/3/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msklc1, ) |
Filing 76 ORDER granting #41 Motion for TRO; adopting Report and Recommendations re #58 Report and Recommendations. Following a thorough analysis, the Magistrate Judge recommends that the Plaintiff's motion for TRO be denied. No objection has been filed. Having reviewed the matter de novo, the Court agrees with and adopts the Recommendation. Judge Marcia S. Krieger on 2/3/2010.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (msk, ) |
Filing 75 STRICKEN - LETTER by Plaintiff Tommie L. Smith. (wjc, ) Modified on 4/20/2010 to add text Stricken pursuant to Order dated 04/20/2010 (wjc, ). |
Filing 73 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: Amended minutes to correct the judge's initials re #70 Scheduling Conference. (Court Reporter FTR-G.Mattei.) (bnbcd, ) |
Filing 72 TRIAL PREPARATION ORDER-CIVIL: Final Pretrial Conference set for 12/30/2010 at 10:00 AM in Courtroom A 901 before Judge Marcia S. Krieger. Judge Marcia S. Krieger on 1/4/10. (msksec, ) |
Filing 71 SCHEDULING ORDER: by Magistrate Judge Boyd N. Boland on 1/4/10. (bnbcd, ) |
Filing 70 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: Scheduling Conference held on 1/4/2010. Discovery due by 7/1/2010. Dispositive Motions due by 8/2/2010. The parties shall designate all experts no later than: April 1, 2010 The parties shall designate all rebuttal experts no later than: April 30, 2010 (Court Reporter FTR-G.Mattei.) (bnbcd, ) |
Filing 69 NOTICE of Change of Address and letter by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 74 STRICKEN - LETTER by Plaintiff Tommie L. Smith. (wjc, ) Modified on 4/20/2010 to add text Stricken pursuant to Order dated 04/20/2010 (wjc, ). |
Filing 68 STRICKEN - LETTER by Plaintiff Tommie L. Smith. (wjc, ) Modified on 4/20/2010 to add text Stricken pursuant to Order dated 04/20/2010 (wjc, ). |
Filing 67 STRICKEN - LETTER by Plaintiff Tommie L. Smith. (wjc, ) Modified on 4/20/2010 to add text Stricken pursuant to Order dated 04/20/2010 (wjc, ). |
Filing 66 STRICKEN - LETTER by Plaintiff Tommie L. Smith. (wjc, ) Modified on 4/20/2010 to add text Stricken pursuant to Order dated 04/20/2010 (wjc, ). |
Filing 65 CERTIFICATE of Mailing by Clerk of Court re #64 Minute Order. (wjc, ) |
Filing 64 MINUTE ORDER: Preliminary Scheduling Conference set for 1/4/2010 at 09:30 AM in Courtroom A 402 before Magistrate Judge Boyd N. Boland. Plaintiff and his case manager will contact the court on the above date and time in order to participate. A copy of this Order is to be mailed to the Case Manager for Tommie L. Smith, by Magistrate Judge Boyd N. Boland on 12/01/2009. (wjc, ) |
Filing 63 ANSWER to #27 Amended Complaint, by Virgil Nichols.(Huss, Robert) |
Filing 62 NOTICE of Change of Address by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 61 CERTIFICATE of Mailing by Clerk of Court re #58 RECOMMENDATION of United States Magistrate Judge re #41 MOTION for Temporary Restraining Order. (wjc, ) |
Filing 60 Mail Returned as Undeliverable re: #58 REPORT AND RECOMMENDATIONS re #41 MOTION for Temporary Restraining Order Addressed to Tommie L. Smith. (wjc, ) |
Filing 59 STRICKEN - LETTER to Judge Krieger and Magistrate Judge Boland by Plaintiff Tommie L. Smith. (wjc, ) Modified on 4/20/2010 to add text Stricken pursuant to Order dated 04/20/2010 (wjc, ). |
Filing 58 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE: Plaintiff's #41 Information for Temporary Restraining Order be denied, by Magistrate Judge Boyd N. Boland on 10/29/2009. (wjc, ) |
Filing 57 NOTICE of Change of Address and letter by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 56 ORDER denying #44 Request to be Place [sic] on a U.S. Pro Bono List; denying #49 Motion to Appoint Counsel, by Magistrate Judge Boyd N. Boland on 10/22/09.(bnbcd, ) |
Filing 55 STRICKEN - LETTER by Plaintiff Tommie L. Smith. (wjc, ) Modified on 4/20/2010 to add text Stricken pursuant to Order dated 04/20/2010 (wjc, ). |
Filing 54 RESPONSE to #41 MOTION for Temporary Restraining Order filed by Defendant Virgil Nichols. (Huss, Robert) |
Filing 53 STRICKEN - NOTICE - Pro Se by Plaintiff Tommie L. Smith. (wjc, ) Modified on 4/20/2010 to add text Stricken pursuant to Order dated 04/20/2010 (wjc, ). |
Filing 52 MEMORANDUM regarding #49 MOTION to Appoint Counsel filed by Tommie L. Smith.Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 10/13/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) |
Filing 51 Support of #41 Temporary Restraining Order filed by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 50 STRICKEN - NOTICE - Pro Se by Plaintiff Tommie L. Smith. (wjc, ) Modified on 4/20/2010 to add text Stricken pursuant to Order dated 04/20/2010 (wjc, ). |
Filing 49 (MOTION) Appointment of Counsel by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 48 NOTICE of Availablity of a United States Magistrate Judge to Exercise Jurisdiction by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 47 MEMORANDUM regarding #44 MOTION for Order to filed by Tommie L. Smith.Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 10/6/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) |
Filing 46 Memorandum of Law in Support of the Plaintiff [sic] #44 MOTION for the Appointment of Counsel filed by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 45 Inmate Trust Fund Account STATEMENT re #12 Order on Motion for Leave to Proceed in Forma Pauperis, by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 44 Request (MOTION) to Be Placed on a U.S. Pro Bono List by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 43 MINUTE ORDER re: #41 MOTION for Temporary Restraining Order filed by Tommie L. Smith. The defendant shall respond to the Motion on or before October 19, 2009. No reply will be accepted without leave of court, by Magistrate Judge Boyd N. Boland on 10/5/09. (bnbcd, ) |
Filing 42 MEMORANDUM regarding #41 MOTION for Temporary Restraining Order filed by Tommie L. Smith.Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 10/2/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) |
Filing 41 Information (MOTION) for Temporary Restraining Order by Plaintiff Tommie L. Smith. (wjc, ) |
Filing 40 ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Judge Marcia S. Krieger on 10/2/09. (mskcd) |
Filing 39 NOTICE of Entry of Appearance by Robert Charles Huss on behalf of Virgil Nichols (Huss, Robert) |
Filing 38 WAIVER OF SERVICE Returned Executed by Teresa Reynolds, Legal Access Group Leader. Virgil Nichols served on 10/1/2009, answer due 11/30/2009. (wjc, ) |
Filing 37 ORDER Granting Service by United States Marshal by Judge Marcia S. Krieger on 09/30/2009. (wjc, ) |
Filing 36 ORDER OF REFERENCE TO MAGISTRATE JUDGE AND LETTER TO COUNSEL: REFERRING CASE to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 9/30/09. (msksec, ) |
Filing 35 Letter from Clerk to Mr. Smith advising case has been assigned to Judge Krieger. (gmssl, ) |
Filing 34 ORDER to Dismiss In Part and to Draw In Part. Defendants Lawson, Hilyer, Smith, Vorwald, Negley, and T.W.Scott will be dismissed from the action because the claims asserted against them are legally frivolous. Defendants Oaks, Galino, Walraven, Mrs. Scott, Middelton, Fitzgerald, Graham, Wilson, Dowis, Owens, McHahill, Harms, Barhill, Milyard, Chapelaine, and Sterling Correctional Facility Medical Department are dismissed from the action as improper parties because Mr. Smith fails to assert any personal participation by the parties in the alleged constitutional violations. Defendants Moon, R. Fleharty, Michaels, Carney, Blake, Blecher, and Russia are dismissed pursuant to Mr. Smith's Notice of Voluntary Dismissal filed on 09/08/2009. The claims asserted against Defendant Nichols shall be drawn to a district judge and to a magistrate judge. By Judge Zita L. Weinshienk on 09/23/2009. (sah, ) |
Filing 33 DEMAND for Trial by Jury by Plaintiff Tommie L. Smith. (jjh, ) |
Filing 32 LETTER by Plaintiff Tommie L. Smith. (jjh, ) |
Filing 31 Minute ORDER Mr. Smith should NOT file a Prisoner's Motion and Affidavit along with the certified account statement each month. Order denying as unnecessary #30 Motion to Amend Complaint. Mr. Smiths request to be placed on a pro bono list #28 and for help to file charges against Defendant Virgil Nichols #29 both are DENIED as improper. by Magistrate Judge Boyd N. Boland on 09/01/09.(jjh, ) |
Filing 30 MOTION to Amend #5 Complaint by Plaintiff Tommie L. Smith. (jjh, ) |
Filing 29 (NOTICE) Help File Charges on the Defendant by Plaintiff Tommie L. Smith (jjh, ) |
Filing 28 REQUEST to be Place on the List for a Pro Bono Attorney by Plaintiff Tommie L. Smith (jjh, ) |
Filing 27 AMENDED Prisoner COMPLAINT against Balke, Hilyer, Oaks, Galino, Walraven, Carney, J. Moon, Blecher, T.W. Scott, Middleton, Fitzgerald, Graham, Nicole Wilson, Beverly Dowis, Denny Owens, McHahill, Allen Harms, Barnhill, Kevin Milyard, Department of Corrections of Sterling Correctional Facility Medical Department, John Chapelaine, Virgil Nichols, Michaels, Smith, Russia, R. Fleharty, E. Lawson, Vorwald, Negley, filed by Tommie L. Smith.(jjh, ) |
Filing 26 Minute ORDER four motions are pending, including Doc. Nos. 19, 20, 21, and 25. The motions are DENIED as either premature or unnecessary by Magistrate Judge Boyd N. Boland on 08/27/09.(jjh, ) |
Filing 25 MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 by Plaintiff Tommie L. Smith. (jjh, ) |
Filing 24 (NOTICE) Leave to Proceed Pursuant to 28 U.S.C 1915 Without Payment of an Initial Partial Filing Fee by Plaintiff Tommie L. Smith (jjh, ) |
Filing 23 ORDER Directing Plaintiff to File Revised Pages of Prisoner Complaint Form Within 30 days by Magistrate Judge Boyd N. Boland on 08/07/09. (jjh, ) |
Filing 22 AMENDED COMPLAINT against Michaels, Smith, Russia, R. Fleharty, E. Lawson, Vorwald, Negley, Virgil Nichols, filed by Tommie L. Smith.(jjh, ) |
Filing 21 MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 by Plaintiff Tommie L. Smith. (jjh, ) |
Filing 20 MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 by Plaintiff Tommie L. Smith. (jjh, ) |
Filing 19 MOTION to Subponea all Documents From the Colorado Department of Correctional Sterling Correctional Facility Pertaining to Incident by Plaintiff Tommie L. Smith. (jjh, ) |
Filing 18 ORDER Directing Plaintiff to File Second Amended Prisoner Complaint within 30 days by Magistrate Judge Boyd N. Boland on 07/08/09. (jjh, ) |
Filing 17 MINUTE ORDER Plaintiffs request for a copy of the Docket in Case No. 03-cv- 00899-ZLW is GRANTED. The Clerk of the Court is directed to send a copy of the Docket to Plaintiff. As for Plaintiffs request of a list of attorneys he may contact that practice in the federal district court, the Court does not maintain such a list. The Clerk of the Court, however is instructed to send to Plaintiff a copy of the document titled, Where to Get Help that normally is included in the Guide for Filing a Civil Suit. The Clerk of the Court further is instructed to send to Plaintiff a copy of the Local Rules of Practice for the United States District Court for the District of Colorado by Magistrate Judge Boyd N. Boland on 07/08/09. (jjh, ) |
Filing 16 (AMENDED) Prisoner COMPLAINT against Virgil Nichols, filed by Tommie L. Smith.(jjh, ) |
Filing 15 LETTER by Plaintiff Tommie L. Smith. (jjh, ) |
Filing 14 ORDER Directing Plaintiff to File Amended Complaint within 30 days by Magistrate Judge Boyd N. Boland on 06/11/09. (jjh, ) |
Filing 13 MINUTE ORDER to the extent that Plaintiff has filed a request for appointment of counsel in Documents #9 and #10 , filed the Court on 06/06/09, the request is denied as premature by Magistrate Judge Boyd N. Boland on 06/10/09. (jjh, ) |
Filing 12 ORDER granting #7 Motion for Leave to Proceed in Forma Pauperis and granting #8 Motion for Leave to Proceed in Forma Pauperis by Magistrate Judge Boyd N. Boland on 06/10/09.(jjh, ) |
Filing 11 SUPPLEMENT/AMENDMENT to #5 Amended Complaint by Plaintiff Tommie L. Smith. (jjh, ) |
Filing 10 AFFIDAVIT in Support the Plaintiff's Motion for the Appointment of Counsel by Plaintiff Tommie L. Smith. (jjh, ) |
Filing 9 (BRIEF) Memorandum of Law in Support of the Plaintiff Motion for the Appointment of Counsel by Plaintiff Tommie L. Smith. (jjh, ) |
Filing 8 MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 by Plaintiff Tommie L. Smith. (jjh, ) |
Filing 7 MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 by Plaintiff Tommie L. Smith. (jjh, ) |
Filing 6 Statutory NOTICE of Intent by Plaintiff Tommie L. Smith (jjh, ) |
Filing 5 (AMENDED) COMPLAINT against Virgil Nichols, filed by Tommie L. Smith.(jjh, ) |
Filing 4 MINUTE ORDER Plaintiff shall have 30 days to cure the deficiencies in this action. The court will not "freeze" the instant action until Plaintiff is "ready" to proceed. If Plaintiff fails to comply with the 05/18/09, Order within the time allowed the Complaint and action will be dismissed without further notice by Magistrate Judge Boyd N. Boland on 05/28/09. (jjh, ) |
Filing 3 LETTER by Plaintiff Tommie L. Smith. (jjh, ) |
Filing 2 NOTICE of Intent, by Plaintiff Tommie L. Smith (jak, ) |
Filing 1 ORDER Directing Clerk to Commence Civil Action and Directing Plaintiff to Cure Deficiency. Plaintiff shall have 30 days to; file a complaint on the proper court form, and file a 1915 motion or pay the filing fee, by Magistrate Judge Boyd N. Boland on 5/15/09. (jak, ) |
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