West v. Colorado Department of Corrections et al
Plaintiff: Ernest West
Defendant: Colorado Department of Corrections, Scott, Joann Stock, Estep, Youngblood, Yeaton and Callwell
Case Number: 1:2009cv01268
Filed: June 1, 2009
Court: US District Court for the District of Colorado
Office: Denver Office
County: El Paso
Presiding Judge: Marcia S. Krieger
Presiding Judge: Kristen L. Mix
Nature of Suit: None
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
January 24, 2011 Opinion or Order Filing 109 ORDER to Cure Deficiency re 106 Notice of Appeal by Ernest West, appellant has 30 days to either pay the filing fee or file a 1915 motion with district court, by Judge Marcia S. Krieger on 01/24/11. (bjrsl, )
January 6, 2011 Opinion or Order Filing 104 OPINION AND ORDER GRANTING 89 MOTION FOR SUMMARY JUDGMENT. Defendants' 89 Motion for Summary Judgment is GRANTED, and judgment in favor of Defendants Yeaton and Callwell shall enter contemporaneously with this Order. Mr. West's 97 Motion for Hearing is DENIED as moot, by Judge Marcia S. Krieger on 01/06/2011.(wjcsl, )
April 5, 2010 Opinion or Order Filing 81 ORDER to Cure Deficiency. Plaintiff has 30 days to either pay filing fee or to file 1915 motion, re 79 Notice of Appeal, by Judge Marcia S. Krieger on 4/5/10. (gmssl, )
March 29, 2010 Opinion or Order Filing 77 Opinion and ORDER granting in part 41 CMRC Defendants' Motion to Dismiss insofar as all claims against Mr. Estep and Mr. Youngblood are dismissed; all claims against Mr. Yeaton, other than a claim sounding in retaliation for Mr. West's ex ercise of his First Amendment rights are dismissed and the deliberate indifference claim against Ms. Callwell based on her refusal to renew Mr. West's pain mediation is dismissed and it is denied in part insofar as Mr. West has adequately stated a First Amendment retaliation claim against Mr. Yeaton and an 8th Amendment deliberate indifference claim against Ms. Callwell based on her refusal to provide him with a sleep apnea machine. Granting 42 Sterling Defendants' Motion to Dismiss. All claims agsinst Mr. Scott and Ms. Stock are dismissed. Caption is amended to omit any reference to all defendants other than Mr. Yeaton and Ms. Callwell. Denying 22 Mr. West's Motion for Reconsideration, by Judge Marcia S. Krieger on 3/29/10.(gmssl, )
February 11, 2010 Opinion or Order Filing 64 ORDER denying 57 Plaintiffs Motion to Ask Courts[sic] Permission to Appoint Notary Public and Official by Magistrate Judge Kristen L. Mix on 2/11/2010.(klmcd)
October 9, 2009 Opinion or Order Filing 45 TRIAL PREPARATION ORDER-CIVIL: Final Pretrial Conference set for 10/21/2010 at 04:00 PM in Courtroom A 901 before Judge Marcia S. Krieger. Judge Marcia S. Krieger on 10/9/09. (msksec, )
August 25, 2009 Opinion or Order Filing 36 ORDER Directing Plaintiff to Make Monthly Filing Fee Payment or to Show Cause by the 15th day of each month. Plaintiff to pay required full monthly payments for June and July or show cause why he cannot pay them on or before 09/21/2009, by Magistrate Judge Kristen L. Mix on 08/25/09. (wjc, )
July 24, 2009 Opinion or Order Filing 29 ORDER DENYING MOTION TO DISQUALIFY 21 Motion to Disqualify by Magistrate Judge Kristen L. Mix on 7/24/2009.(klmcd)
July 20, 2009 Opinion or Order Filing 27 MINUTE ORDER denying 18 Motion to Judge Krieger to Send in 20 percent Garnishment Order Against Plaintiff's Inmate Account for reasons stated in Minute Order 15 . On or before 8/3/2009, defense counsel shall provide the inmate accounts personnel at the facility where Plaintiff is incarcerated with acopy of the Courts Order requiring payment of the filing fee 2 by Magistrate Judge Kristen L. Mix on 7/20/2009.(klmcd)
July 1, 2009 Opinion or Order Filing 16 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 7/1/09. (mskcd)
June 29, 2009 Opinion or Order Filing 15 MINUTE ORDER denying 10 Plaintiff's Motion to Have 20% Garnishment Order from District Court to Deduct from Inmate Account, by Magistrate Judge Kristen L. Mix on 06/29/09.(wjc, )
June 18, 2009 Opinion or Order Filing 8 ORDER to Dismiss in Part and Assign Case. Ordered that Defendant Colorado Department of Corrections is dismissed from the action. The Clerk of Court shall remove Defendant Colorado Department of Corrections from the docketing record as a part to this action. The claims asserted against Defendants Captain Scott, Joann Stock, Mr. Estep, Mr. Youngblood, Mr. Yeaton, and Ms. Callwell shall be drawn to a district judge and to a magistrate judge. By Judge Zita L. Weinshienk on 06/17/2009. (sah, )
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Plaintiff: Ernest West
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Defendant: Colorado Department of Corrections
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Defendant: Scott
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Defendant: Joann Stock
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Defendant: Estep
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Defendant: Youngblood
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Defendant: Yeaton
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Defendant: Callwell
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