Simmons v. Brill et al
| Leo Simmons |
| H. Brill, Phillips, J. Gray, Merchant and Frazier Dowd |
| 1:2009cv01202 |
| May 26, 2009 |
| US District Court for the District of Colorado |
| Denver Office |
| Kit Carson |
| Boyd N. Boland |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
53
OPINION AND ORDER granting 49 Motion to Dismiss and Closing Case. Defendants Dowd and Frazier's 49 Motion to Dismiss is GRANTED. The claims against Defendants Dowd and Frazier are DISMISSED pursuant to Fed. R. Civ. P. 12(b)(6), and, as set forth above, the claims against Mr. Merchant are DISMISSED sua sponte pursuant to Fed. R. Civ. P. 4(m). The Clerk of the Court shall close this case, by Judge Marcia S. Krieger on 02/22/2011.(wjc, )
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Filing
32
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 deposition s 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 4/2/10. (mskcd)
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Filing
29
ORDER to Cure Deficiency re 25 Notice of Appeal by Leo Simmons, by Judge Marcia S. Krieger on 03/25/10. Appellant has 30 days to file a certified trust account statement with district court.(bjrsl, )
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Filing
24
ORDER to Dismiss in Part and to Draw Case to A District Judge and to a Magistrate Judge. Claims One and Three are dismissed without prejudice because Mr. Simmons failed to pay the $350.00 filing fee in full within the time allowed. Defendants H. Brill, Phillips, Mindee Mitchell, Angela Moreland, and Delgado are dismissed from the action. The Clerk of Court shall remove Defendants H. Brill, Phillips, Mindee Mitchell, Angela Moreland, and Delgado from the docketing record as parties to this a ction. Claim Two and the action shall be drawn to a district judge and to a magistrate judge. Mr. Simmons may proceed in this action without payment of an initial partial filling fee. Mr. Simmons remains obligated to pay the full amount of the requir ed $350.00 filing fee pursuant to 28 U.S.C. §1915(b)(1) regardless of the outcome of this action. Until the $350.00 filing fee is paid in full, Mr. Simmons shall make monthly payments to the Court of twenty percent of the preceding mon th's income credited to his account or show cause why he has no assets and no means by which to make each monthly payment. Mr. Simmons is directed to make the necessary arrangements to have the monthly payments identified by the civil action nu mber on this Order. Mr. Simmons must file a current certified copy of his trust fund account statement to show cause. Mr. Simmons fails to have the appropriate monthly payment sent to the Clerk of Court each month or to show cause each month, as dire cted above, why he has no assets and no means by which to make the monthly payment the Complaint may be dismissed without further notice. The Court may dismiss this action and may apply all or part of the filing fee payments tendered in this action to satisfy any filing fee debt Plaintiff may owe in a prior action or actions if Plaintiff fails to stay current with his payment obligations in the prior action or actions. By Judge Christine M. Arguello for Judge Zita L. Weinshienk on 03/22/2010. (sah, )
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Filing
17
ORDER denying 16 Motion for Reconsideration. Ordered that Mr. Simmons shall have 30 days to pay the entire $350.00 filing fee if he wishes to pursue Claims One and Three by Judge Philip A. Brimmer on 02/10/10.(jjh, )
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Filing
14
MINUTE ORDER 7 Plaintiff's Motion to Show Exhaustion is construed as an attempt to supplement the original complaint and is not a motion, by Magistrate Judge Boyd N. Boland on 1/4/10.(gmssl, )
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Filing
12
ORDER to File Second Amended Complaint within 30 days by Magistrate Judge Boyd N. Boland on 10/14/09. (jjh, )
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Filing
10
ORDER Directing Plaintiff to File Amended Prisoner Complaint within 30 days by Magistrate Judge Boyd N. Boland on 08/27/09. (jjh, )
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Filing
1
ORDER Directing Clerk to Commence Civil Action and Directing Plaintiff to Cure Deficiency. Plaintiff shall have 30 days to; pay the filing fee or file a 1915 motion, and file a complaint on the proper form, by Magistrate Judge Boyd N. Boland on 5/22/09. (jak, )
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