Gibson v. Zavaras et al
Plaintiff: Wellman Gibson
Defendant: Aristedes W. Zavaras, Verena Pacheco and Hartley
Case Number: 1:2009cv02328
Filed: September 30, 2009
Court: US District Court for the District of Colorado
Office: Denver Office
County: Crowley
Presiding Judge: Wiley Y. Daniel
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

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 14, 2012 Opinion or Order Filing 222 FINAL JUDGMENT. ORDERED that plaintiff's amended complaint and this civil action are dismissed by Clerk on 09/14/12. (jjhsl, )
September 13, 2012 Opinion or Order Filing 221 ORDER Affirming and Adopting Recommendations of United States Magistrate Judge. ORDERED that the First Recommendation of United States Magistrate Judge Mix 203 , is AFFIRMED and ADOPTED. ORDERED that Defendant Pachecos Motion for Summary Judgment 173 is GRANTED IN PART and DENIED IN PART pursuant to Fed. R. Civ. P. 56(b). ORDERED that the Second Recommendation of United States Magistrate Judge Mix 213 , is AFFIRMED and ADOPTED. ORDERED that Defendant Pacheco's Motion to Dismiss Plaintiff's Claims for Injunctive Relief as Moot 204 is GRANTED and that Plaintiff's case is DISMISSED pursuant to Fed. R. Civ. P. 12(b)(1) by Chief Judge Wiley Y. Daniel on 09/13/12.(jjhsl, )
December 22, 2011 Opinion or Order Filing 194 ORDER denying 188 Plaintiff's Notice to Court & Motion to Access Typewriter in Cell, by Magistrate Judge Kristen L. Mix on 12/22/11.(lsw, )
December 21, 2011 Opinion or Order Filing 193 ORDER. Plaintiffs Motion to Judge Daniel to Dismiss Judge Mix for Lies, Blatantly Ignoring Facts Presented to the Court Involving Perjury on Part of Defendants & Refusal to Forward Appeals by Plaintiff 185 is DENIED. By Magistrate Judge Kristen L. Mix on 12/21/2011.(sah, )
October 24, 2011 Opinion or Order Filing 180 ORDER denying 176 Motion to Stay. ORDERED that the deadline for the filing of Plaintiffs dispositive motions and a Response to Defendant Pachecos Motion for Summary Judgment is extended up to and including November 23, 2011 by Magistrate Judge Kristen L. Mix on 10/24/11.(jjh, )
September 26, 2011 Opinion or Order Filing 171 MINUTE ORDER denying 169 Request for Stay of Proceeding and Conference with Atty General by Magistrate Judge Kristen L. Mix on 09/26/11.(jjh, )
August 19, 2011 Opinion or Order Filing 165 MINUTE ORDER denying 163 Notice to the Court and Request. Dispositive Motions due by 10/1/2011. by Magistrate Judge Kristen L. Mix on 08/19/11.(jjh, )
June 14, 2011 Opinion or Order Filing 162 MINUTE ORDER denying 160 Motion for Intervention by the Court by Magistrate Judge Kristen L. Mix on 06/14/11.(jjh, )
April 4, 2011 Opinion or Order Filing 157 ORDER Staying Case. ORDERED that the Motion for Stay 146 is GRANTED. ORDERED that all proceedings in this case are STAYED until 08/01/11. ORDERED that the Motion for Typewriter 144 is DENIED without prejudice. ORDERED that the Motion for Summary Judgment 139 is DENIED without prejudice. ORDERED that the deadline for filing dispositive motions is extended to 10/1/11. ORDERED that the Motion for Extension 148 is DENIED as moot by Magistrate Judge Kristen L. Mix on 04/04/11.(jjh, )
January 18, 2011 Opinion or Order Filing 138 ORDER denying 132 Plaintiff's Request for a Stay of Proceedings. Plaintiff is warned that the filing of any future pleadings which are false or misleading may result in sanctions, including the dismissal of his case, by Magistrate Judge Kristen L. Mix on 1/18/11.(mnf, )
October 6, 2010 Opinion or Order Filing 123 ORDER denying 114 Plaintiff's Motion to Alter Judgment or Amend Judgment Pursuant to Rule 59(e) or in the Alternative, Objection to Courts Ruling on September 22, 2010 114 which the Court construes as a motion to reconsider under Fed. R. Civ. P. 59(e) by Chief Judge Wiley Y. Daniel on 10/6/2010.(erv, )
October 5, 2010 Opinion or Order Filing 122 MINUTE ORDER denying 113 Plaintiff's Motion to Amend 29 the Amended Complaint by Magistrate Judge Kristen L. Mix on 10/5/2010.(erv, )
October 1, 2010 Opinion or Order Filing 119 ORDER to Cure Deficiency re 115 Notice of Appeal by Wellman Gibson, by Chief Judge Wiley Y. Daniel on 10/01/10. Appellant has 30 days to either pay the filing fee or file a 1915 motion with district court.(bjrsl, )
September 22, 2010 Opinion or Order Filing 112 ORDER AFFIRMED and ADOPTED re 108 Report and Recommendations of United States Magistrate Judge Mix. it isFURTHER ORDERED that Defendants Motion for Summary Judgment (ECF No.54) is GRANTED pursuant to Fed. R. Civ. P. 56(b) and that judgment shall be enteredin favor of Defendants Zavaras, Biecker, Metoyer and Hartley on Claims Three andFour for failure to exhaust. These claims are DISMISSED WITHOUT PREJUDICE. It isFURTHER ORDERED that Defendants Motion to Dismiss 54 is GRANTED IN PART and DENI ED IN PART pursuant to Fed. R. Civ. P. 12(b)(6) as follows: Defendants Zavaras and Metoyers Motion to Dismiss is GRANTED pursuant to Fed. R. Civ. P. 12(b)(6) for failing to allege that Defendants personally participated in the alleged constitutional violation. Defendant Pachecos Motion to Dismiss is DENIED. It is FURTHER ORDERED that the claims against Defendant Lopez are DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 4(m) for failure to serve Defendant Lopez within 120 days. by Chief Judge Wiley Y. Daniel on 9/22/2010.(erv, )
July 2, 2010 Opinion or Order Filing 107 ORDER. Ordered that the Objection to Order Affirming and Adopting Recommendation of U.S. Magistrate Made by U.S. Dist. Judge Wiley Y. Daniel on 06/22/10 106 which the Court construes as a motion to reconsider is denied by Chief Judge Wiley Y. Daniel on 07/02/10. (jjh, )
June 22, 2010 Opinion or Order Filing 104 ORDER AFFIRMED AND ADOPTED 56 Report and Recommendations of United States Magistrate Judge Mix. Denying 4 Plaintiffs Motion for Preliminary Injunction; by Chief Judge Wiley Y. Daniel on 6/22/2010.(erv, ) (Modified on 6/22/2010 corrected typing error)(erv, ).
June 7, 2010 Opinion or Order Filing 100 ORDER denying 94 Plaintiff's Motion for Order to Reinstate Defendant Martinez and Count Two of Original Complaint; denying 96 Plaintiff's Motion to Recuse, by Magistrate Judge Kristen L. Mix on 6/7/2010.(erv, )
May 28, 2010 Opinion or Order Filing 99 MINUTE ORDER striking 97 Motion to Dist. Judge to Strike Rulings of Magistrate Judge Mix, by Chief Judge Wiley Y. Daniel on 5/28/10.(ebs, )
May 13, 2010 Opinion or Order Filing 92 ORDER denying 72 Plaintiff's Motion to Strike to Strike Exhibits Attachedto Defendants (sic) Response to Plaintiffs (sic) Preliminary Injunction by Magistrate Judge Kristen L. Mix on 5/13/2010.(erv, )
April 21, 2010 Opinion or Order Filing 91 ORDER AFFIRMED AND ADOPTED 89 Report and Recommendations of United States Magistrate Judge Mix. Granting 86 Motion to Dismiss Party Martinez and Claim Two are DISMISSED WITH PREJUDICE. by Chief Judge Wiley Y. Daniel on 4/21/2010.(erv, )
January 28, 2010 Opinion or Order Filing 63 ORDER denying 57 Plaintiff's Motion for Entry of Default; denying 60 Plaintiff's Motion for Default Judgment by Magistrate Judge Kristen L. Mix on 1/28/2010.(erv, )
January 27, 2010 Opinion or Order Filing 59 ORDER denying 39 Motion for Order Requesting AVCF Be Ordered to Save Security Video from Both Dining Halls for the Date 11/26/09 by Magistrate Judge Kristen L. Mix on 1/27/2010.(erv, )
November 18, 2009 Opinion or Order Filing 31 ORDER Granting Service by the United States Marshal re: 29 Amended Complaint filed by Wellman Gibson by Magistrate Judge Kristen L. Mix on 11/18/09. (erv, )
October 28, 2009 Opinion or Order Filing 23 Minute ORDER denying 21 Motion to Strip Claimed Immunity from DOC Personal and Requesting Damages by Magistrate Judge Kristen L. Mix on 10/28/09.(jjh, )
October 16, 2009 Opinion or Order Filing 13 ORDER Granting Service by U.S. Marshal, by Chief Judge Wiley Y. Daniel on 10/16/09. (gmssl, )
October 14, 2009 Opinion or Order Filing 10 ORDER Drawing Case. Ordered that this case shall be drawn to a district judge and to a magistrate judge. By Magistrate Judge Boyd N. Boland on 10/14/2009. (sah, )
October 9, 2009 Opinion or Order Filing 9 ORDER Allowing Plaintiff to Proceed Without Payment of Initial Partial Filing Fee by Magistrate Judge Boyd N. Boland on 10/09/09. (jjh, )
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Plaintiff: Wellman Gibson
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Defendant: Aristedes W. Zavaras
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Defendant: Verena Pacheco
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Defendant: Hartley
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