Foster v. Gadberry et al
Plaintiff: Claude Derek Foster
Defendant: Bonnie (I) Gadberry and Bonnie Gadberry
Case Number: 1:2010cv01067
Filed: May 7, 2010
Court: U.S. District Court for the District of Colorado
Office: Denver Office
County: Crowley
Presiding Judge: Boyd N. Boland
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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

Date Filed Document Text
February 15, 2012 Opinion or Order Filing 129 ORDER ACCEPTED 128 Report and Recommendations of the United States Magistrate Judge, Denying 108 Plaintiff's Motion to Amend; Granting 99 Defendant Watkins, Carochi, DeCesaro, Wold, Jones, Claspell, Reese, and Hyatts Motion to Dismiss; Plaintiffs claims against Defendants Watkins, Carochi, DeCesaro, Wold, Jones, Claspell, Reese, and Hyatt are DISMISSED WITH PREJUDICE; Plaintiffs claims against unserved Defendants Hunt and Gadberry are DISMISSED WITHOUT PREJUDICE; The Clerk shall enter judgment in accordance with this Order. As Plaintiff is an incarcerated prisoner, each party shall bear their own costs, by Judge William J. Martinez on 2/15/2012.(ervsl, )
January 18, 2012 Opinion or Order Filing 127 MINUTE ORDER denying 125 plaintiff's Motion to Strike the Use of Information from the Original Complaint by the Defendants, Pursuant to Fed. R. Civ. P 12 (f), by Magistrate Judge Michael J. Watanabe on 1/18/2012.(mjwcd)
August 8, 2011 Opinion or Order Filing 114 ORDER re: 113 Letter with supplements to the Amended Complaint, Although the letter and attachments did not include a civil action number, it is evident that Mr Foster intended to file the documents in Foster v. Gadberry 10-cv- 01067, a 42 U.S.C. § 1983 action pending in this court.11-cv-01956 was filed in error and is Dismissed without prejudice by Judge Lewis T. Babcock on 8/8/2011. (erv, )
June 28, 2011 Opinion or Order Filing 103 ORDER granting 101 Defendants Motion to Stay Discovery Pending Resolution of Qualified Immunity Defense Asserted in Motion To Dismiss, and the Scheduling Conference set for 7/13/2011 at 9:30 am is vacated by Magistrate Judge Michael J. Watanabe on 6/28/2011.(erv, )
June 9, 2011 Opinion or Order Filing 94 MINUTE ORDER granting 92 Motion to Vacate Scheduling Conference Set for June 10, 2011. Scheduling Conference 6/10/2011 10:00 AM is vacated. Scheduling Conference/Show Cause Hearing reset for 7/13/2011 09:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Parties shall submit proposed scheduling order on or before 7/7/2011. Incarcerated plaintiff shall appear by telephone. By Magistrate Judge Michael J. Watanabe on 6/9/2011.(mjwcd)
May 20, 2011 Opinion or Order Filing 85 ORDER Granting Service by the United States Marshal re: 84 Amended Complaint filed by Claude Derek Foster by Magistrate Judge Michael J. Watanabe on 5/20/2011. (Attachments: # 1 Service of process form as to Bryan Hunt)(erv, )
May 19, 2011 Opinion or Order Filing 83 MINUTE ORDER Granting 78 plaintiff's Motion for Leave to Amend Complaint. The tendered Second Amended Complaint (78-1) is accepted for filing as of the date of this Minute Order. Denying as moot 80 Plaintiff's Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. By Magistrate Judge Michael J. Watanabe on 5/19/2011.(mjwcd)
May 6, 2011 Opinion or Order Filing 77 ORDER Directing Re-Service by the United States Marshal re: 4 Amended Complaint filed by Claude Derek Foster by Magistrate Judge Michael J. Watanabe on 5/6/2011. (Attachments: # 1 Proff of service form as to Bonnie Gadberry)(erv, )
May 5, 2011 Opinion or Order Filing 74 MINUTE ORDER denying 72 Motion to Stay and Abeyance by Magistrate Judge Michael J. Watanabe on 5/5/2011.(erv, )
March 10, 2011 Opinion or Order Filing 66 MINUTE ORDER granting 61 Motion to Stay its March 2, 2011, order to attempt personal service upon defendant to the extent that this courts Order Directing Re-Service by U.S. Marshal 58 is vacated. by Magistrate Judge Michael J. Watanabe on 3/10/2011.(erv, )
March 2, 2011 Opinion or Order Filing 60 Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Michael J. Watanabe: Status Conference held on 3/2/2011. Plaintiff's Oral Motion to Withdraw Docket Number 46 is granted. Withdrawing 46 Plaintiff's Request for Entry of Default Judgment. Granting 53 Plaintiff's Motion for Extension of Time. Plaintiff has until 4/4/11 to make his February payment toward his filing fee. Plaintiff's Oral Motion to Have Defendant Gadberry Served at Her Last Known Address is granted. A Show Cause Hearing and Rule 16 Scheduling Conference is set on 5/6/2011 at 8:30 AM. The proposed scheduling order shall be submitted by 5/2/2011. (FTR: Emily Seamon) (eseam)
February 16, 2011 Opinion or Order Filing 52 ORDER The parties are directed to confer and to file a Joint Status Report due by 2/25/2011. by Judge William J. Martinez on 2/16/2011. (erv, )
July 20, 2010 Opinion or Order Filing 19 ORDER denying 16 Plaintiffs Motion for Dispute Resolution Pursuant to 28 U.S.C. § 652. Pursuant to D.C.COLO.LCivR 16.6, cases in which the plaintiff is a prisoner proceeding pro se are exempt from 28 U.S.C. § 652, by Magistrate Judge Michael J. Watanabe on 7/20/2010.(mjwcd)
July 8, 2010 Opinion or Order Filing 10 ORDER Granting Service by United States Marshal, by Judge Philip A. Brimmer on 7/8/10. (lyg, )
July 6, 2010 Opinion or Order Filing 8 ORDER DRAWING CASE. This case shall be drawn to a district judge and to a magistrate judge. By Magistrate Judge Craig B. Shaffer on 07/06/2010. (sah, )
June 23, 2010 Opinion or Order Filing 7 ORDER Granting Plaintiff Leave to Proceed Pursuant to 28 U.S.C. 1915 Without Payment of an Initial Partial Filing Fee by Magistrate Judge Craig B. Shaffer on 06/23/10. (jjh, )
May 7, 2010 Opinion or Order Filing 2 ORDER Directing Clerk to Commence Civil Action and Directing Plaintiff to Cure Deficiency. Plaintiff shall have 30 days to file a complete complaint, by Magistrate Judge Boyd N. Boland on 5/5/10. (jak, )
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Plaintiff: Claude Derek Foster
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Defendant: Bonnie (I) Gadberry
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Defendant: Bonnie Gadberry
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