Herrera v. Colorado Department of Corrections et al
Rosendo Herrera |
Colorado Department of Corrections, Ron Leyba, Ari Zavares, Patty Beach Craft, Lawrence Theodor, Beverly Dowis and Webster |
1:2009cv01229 |
May 28, 2009 |
US District Court for the District of Colorado |
Denver Office |
Logan |
Boyd N. Boland |
None |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 97 Opinion and ORDER Granting Motion for Summary Judgment. Denying 76 Plaintiff's Motion to Amend Judgment and granting 80 Defendants Fortunato and Dowis' Motion for Summary Judgment. Judgment shall enter. This case is concluded, by Judge Marcia S. Krieger on 8/16/11.(gmssl, ) |
Filing 64 OPINION AND ORDER GRANTING, IN PART, MOTION TO DISMISS. The 33 Defendants' Motion to Dismiss is GRANTED IN PART, insofar as all claims against Mr. Laurence, Dr. Beecroft, and Mr. Zavares, and Mr. Herrera's negligence/malpractice claim and retaliation claim against Dr. Fortunato are DISMISSED, and DENIED IN PART, insofar as Mr. Herrera has adequately stated § 1983 claims for 8th Amendment violations against Dr. Fortunato and Ms. Dowis, and those claims will proceed. The claims ag ainst Mr. Laurence, Dr. Beecroft, and Mr. Zavares, each turn on conduct independent of that alleged against Dr. Fortunato and Ms. Dowis, the Court concludes that there is no just reason to delay entry of judgment against these Defendants pursuant to Fed. R. Civ. P. 54(b). The Clerk of the Court shall enter judgment in favor of Defendants Laurence, Beecroft, and Zavares pursuant to Fed. R. Civ. P. 54(b), and the caption of the case shall be amended to omit reference to these Defendants. Mr. Herr era's 52 Objections are OVERRULED, and the 44 Magistrate Judge's Order is AFFIRMED. Mr. Herrera's 61 Motion to Reinstate dismissed Defendant Webster, which the Court treats as a motion for reconsideration, is DENIED, by Judge Marcia S. Krieger on 09/28/2010.(wjc, ) |
Filing 57 MINUTE ORDER granting 54 Plaintiff's Motion to Amend the Complaint and Request for an Extension of Time to Respond to Motion to Dismiss the Second Amended Complaint. The case caption shall be amended as set forth in the Minute Order. Plaintiff shall respond to 33 Defendants Motion to Dismiss on or before 07/16/2010, by Magistrate Judge Kristen L. Mix on 05/24/2010.(wjc, ) |
Filing 47 TRIAL PREPARATION ORDER-CIVIL: Final Pretrial Conference set for 6/28/2010 at 09:00 AM in Courtroom A 901 before Judge Marcia S. Krieger. Judge Marcia S. Krieger on 4/12/10. (msksec, ) |
Filing 44 MINUTE ORDER denying 40 Plaintiffs Request for Court-Appointed Interpreter to be Present for the Preliminary Scheduling Conference Set for April 12, 2010 at 10:30 a.m., and Any Subsequent Proceedings Requiring Party Presence; and denying 41 Plaintiffs Motion for Appointment of Counsel by Magistrate Judge Kristen L. Mix on 4/5/2010.(klmcd) |
Filing 25 ORDER GRANTING SERVICE BY UNITED STATES MARSHAL by Judge Marcia S. Krieger on 11/10/2009. (wjc, ) |
Filing 21 ORDER to Dismiss in Part and to Draw Case to A District Judge and to a Magistrate Judge. The Colorado Department of Corrections is dismissed as a party to this action pursuant to 28 U.S.C. § 1915A(b)(2). This case shall be drawn to a district judge and to a magistrate judge. By Judge Zita L. Weinshienk on 11/04/2009. (sah, ) |
Filing 8 ORDER Within 30 days Plaintiff to file a second amended complaint. re: 5 Amended Complaint, by Magistrate Judge Craig B. Shaffer on 7/2/09. (gms, ) |
Filing 2 ORDER Directing Clerk to Commence Civil Action and Directing Plantiff to Cure Deficiency. Plaintiff shall have 30 days to; file a complaint with the addresses for all defendents, and file a certified copy of his prisoner's trust fund statement, by Magistrate Judge Boyd N. Boland on 5/26/09. (jak, ) Modified on 6/10/2009 to reflect correct signature date(jak, ). |
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