Ellsworth v. Balkin et al
| Joseph A. Ellsworth |
| Diane Balkin, Adrienne Green, James Wunderlick, Kathy Wilson, Don Holloway, Jennifer Nuanes, Jeff Carson, R. Bacon, W. Holencik, Pat Montez, Charles Olin, A. Zavaris, Harvey Lappin, Cathie Hoist, Marshall Griffith, Queteah and Paula Frantz |
| 1:2009cv02265 |
| September 23, 2009 |
| US District Court for the District of Colorado |
| Denver Office |
| Fremont |
| Wiley Y. Daniel |
| Boyd N. Boland |
| None |
| 42:1983 Prisoner Civil Rights |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
97
ORDER Affirming and Adopting Recommendation of United States Magistrate Judge. ORDERED that the Recommendation of United States Magistrate Judge Boland 96 is AFFIRMED and ADOPTED. ORDERED that Defendants Motion for Summary Judgment 89 , is GRANTE D. Judgment shall enter in favor of Defendant on Plaintiffs remaining claim, which will terminate the case. ORDERED that Plaintiffs Motion that Summary Judgment Judgment [sic] Against Plaintiff be Denied and Case be Allowed to Proceed to Trial or Alternately Summery [sic] Judgement [sic] for Plaintiff Be Granted 86 , is DENIED by Chief Judge Wiley Y. Daniel on 10/25/11.(jjh, )
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Filing
81
ORDER Affirming and Adopting Recommendation of United States Magistrate Judge. ORDERED that the Recommendation of United States Magistrate Judge 69 is AFFIRMED AND ADOPTED. ORDERED that Defendants Amended Motion to Dismiss Pursuant to Fed. R.Civ. P . 12(b)(6) 46 , is GRANTED in part and DENIED in part. It is DENIED to the extent it seeks dismissal of Claim Three; and GRANTED to the extent it seeks dismissal of Claim Four. ORDERED that Defendants Objections to the Recommendation 74 are OVERRULED by Chief Judge Wiley Y. Daniel on 03/22/11.(jjh, )
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Filing
63
ORDER striking 53 Second Response to Defendants Answer and Rule 12 (B) (6) Request for Advisory Counsel and Reconsideration ; striking 57 Motion to Add Additional Claims; On or before December 27, 2010, the plaintiff shall file a response to the defendants Amended Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) 46 . The response shall comply with this order; by Magistrate Judge Boyd N. Boland on 11/29/2010.(erv, )
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Filing
51
ORDER re: 48 the plaintiffs Response to Defendant Answer and Rule 12(B) (6) [Doc #48] is moot. The plaintiff shall file a response to the defendants Amended Motion to Dismiss Pursuant ot Fed.R.Civ.P. 12(b)(6) [Doc. #46] on or before May 14, 2010. The response shall not include a reply to defendant Frantzs Answer, by Magistrate Judge Boyd N. Boland on 4/19/10. (bnbcd, )
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Filing
45
MINUTE ORDER granting 43 Motion to for Leave to File Amended Motion to Dismiss to Correct Citation Errors. Plaintiff has to and including April 8, 2010, in which to file a response to the Amended Motion to Dismiss. by Magistrate Judge Boyd N. Boland on 3/3/2010.(erv, )
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Filing
37
ORDER: denying 26 Interference with Access to the Courts by CDOC as Retaliation for Filing this Suit; denying 28 Notification of Request of Extention [sic] of Time to Court of Appeals for CDOC Defendants [sic] Retaliation Against Plaintiff; denyi ng 30 Motion for Reconsideration for Final Judgment as Per Order of the 10th Cir. Court of Appeals ; denying 31 Motion to Add C.D.O.C. Defendants Due to Retaliation for Filing this Federal Suit, by Magistrate Judge Boyd N. Boland on 2/1/10.(bnbcd, ) (Modified on 2/2/2010 corrected spacing)(erv, ).
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Filing
17
ORDER to Cure Deficiency re 14 Notice of Appeal by Joseph Ellsworth, by Chief Judge Wiley Y. Daniel on 11/19/09. Appellant has 30 days to either pay the filing fee or file a proper 1915 motion with district court.(bjrsl, )
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Filing
9
ORDER Granting Service by the United States Marshal re: 5 Amended Complaint filed by Joseph A. Ellsworth by Chief Judge Wiley Y. Daniel on 11/6/09. (erv, )
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Filing
7
ORDER to Dismiss in Part and to Draw Case to A District Judge and to a magistrate judge. Claims One and Two as asserted against Defendants Diane Balkin, Adrienne Greene, James Wunderlick, Kathy Wilson, Don Holloway, Jennifer Nuanes, Jeff Carson, R. Bacon, Harvey Lappin, C/M Queteah, and W. Holencik are dismissed without prejudice as barred by the rule in Heck v. Humphrey, 512 U.S. 477 (1994). Claim Three as asserted against Defendants Jennifer Nuanes, R. Bacon, C/M Queteah. W. Holencik, and Jef f Carson is dismissed for the reasons stated above in this Order. The Clerk of Court is to remove Defendants Diane Balkin, Adrienne Greene, James Wunderlick, Kathy Wilson, Don Holloway, Jeff Carson, Jennifer Nuanes, R. Bacon, Harvey Lappin, C/M Quete ah, and W. Holenick from the docketing records as parties to this action. Claim Three as asserted against Defendants Pat Montez, Charles Olin, A. Zavaras, and Claim Four as asserted against Defendants Cathie Hoist, Marshall Griffith, Paula Frantz, and Burl McCullar shall be drawn to a district judge and to a magistrate judge. By Judge Zita L. Weinshienk on 11/04/2009. (sah, )
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