Stine v. Allred
Plaintiff: Mikeal Glenn Stine
Defendant: D. Allred
Case Number: 1:2011cv00109
Filed: January 14, 2011
Court: US District Court for the District of Colorado
Office: Denver Office
County: Fremont
Presiding Judge: William J. Martinez
Presiding Judge: Craig B. Shaffer
Nature of Suit: Prison Condition
Cause of Action: 28 U.S.C. ยง 1331 Federal Question: Bivens Act
Jury Demanded By: Plaintiff
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Date Filed Document Text
April 12, 2013 Opinion or Order Filing 360 ORDER granting 359 Motion to Dismiss. The above-captioned matter is DISMISSED WITH PREJUDICE. Each party shall pay his or its own attorney's fees and costs. SO ORDERED by Judge William J. Martinez on 04/12/2013. Text Only Entry(wjmsec, )
March 7, 2013 Opinion or Order Filing 342 ORDER denying 340 Plaintiffs Verified Motion for Emergency Temporary Restraining Order and/or Preliminary Injunction is DENIED to the extent it seeks a temporary restraining order. The portion of the Motion seeking a preliminary injunction is REFERRED to United States Magistrate Judge Craig B. Shaffer for any appropriate proceedings, by Judge William J. Martinez on 3/7/2013.(ervsl, )
December 6, 2012 Opinion or Order Filing 328 ORDER denying 327 Plaintiffs Motion for Prohibitory Injunctionn and Request for Evidentiary Hearing. This case shall remain closed, by Judge William J. Martinez on 12/6/2012.(ervsl, )
October 30, 2012 Opinion or Order Filing 326 ORDER This civil action comes before the court on Plaintiff Mr. Stines Letter filed on October 26, 2012 Doc. # 325 . Pursuant to the Order of Reference dated March 11, 2011 Doc. # 28 , this matter was referred to the Magistrate Judge. The court having reviewed Mr. Stines filing and the entire case file and being sufficiently advised in the premises, IT IS ORDERED that Mr. Stines Letter (filed on October 26, 2012) Doc. # 325 is STRICKEN as impertinent and inappropriate for a federal court filing. By Magistrate Judge Craig B. Shaffer on 10/30/2012. (ervsl, )
August 3, 2012 Opinion or Order Filing 317 ORDER Plaintiffs Motion to Amend or Alter Order and Judgment Entered March 15, 2012 ECF No. 293 , is DENIED; Plaintiffs Motion to Attach Declarations to Pending Rule 59(e) Motion and to Consider Further Argument ECF No. 298 , is GRANTED; Plaint iffs Verified Motion to Alter Judgment Pursuant to Rule 59 (e) ECF No. 308 , is DENIED; Plaintiffs Motion for Ruling ECF No. 310 , is GRANTED; Plaintiffs Motion for Clarification of Motion 59(d) to Alter or Amend ECF No. 315 , is GRANTED; and This case shall remain closed. by Judge William J. Martinez on 8/3/2012.(ervsl, )
March 21, 2012 Opinion or Order Filing 292 ORDER denying 291 Plaintiffs Motion to Reconsider. This action shall remain CLOSED. Because judgment has been entered in this case ECF No. 290 , Plaintiffs recourse is now with the Tenth Circuit Court of Appeals, by Judge William J. Martinez on 3/21/2012.(ervsl, )
March 15, 2012 Opinion or Order Filing 288 ORDER ACCEPTED 281 Magistrate Judge Craig B. Shaffers Report and Recommendations; Plaintiffs Objections to the Recommendation are OVERRULED ECF No. 287 ; Denying 197 Plaintiffs Petition Pursuant to Court Order Seeking Leave of the Court to File Third Verified Amended Complaint Pursuant to Fed. R. Civ. P. 15" ; Granting 213 Defendants Motion for Summary Judgment; Denying 222 Plaintiffs Verified Emergency Motion for TRO/Preliminary Injunction/withExpedited Consideration, pursuant to Fed. R. Civ. P. 65 Motion for TRO; Denying 236 Plaintiffs Verified Motion for Partial Summary Judgment on Liability Pursuant to Rule 56(c) + (d) Motion for Partial Summary Judgment; Granting 259 Plaintiffs Motion Requesting Hon. William J. Martin ez Certify that Magistrate Craig B. Shaffers Order of Sept. 9, 2011 Denying Plaintiffs Verified Motion for TRO/Preliminary Injunction Doc. 136 Filed 6-6-2011"; Motion for Order; The Court CERTIFIES that Magistrate Judge Shaffers September 9, 2 011 order denying Plaintiffs Verified Emergency for TRO/Preliminary Injunction Pursuant to Fed. R. Civ. P. 65(a) is a final order based on the parties consent ECF Nos. 160 & 195 to allow the Magistrate Judge to fully and finally resolve the issue pursuant to 28 U.S.C. § 636(c)(1); Plaintiffs Second Amended Complaint ECF No. 153 is DISMISSED WITHOUT PREJUDICE for failure to exhaust; The Clerk shall enter judgment for Defendants. Each party shall bear its own costs. See Cantrell v. Intl Brotherhood of Elec. Workers, 69 F.3d 456, 459 (10th Cir. 1995) (district court may deny costs if the non-prevailing party is indigent), by Judge William J. Martinez on 3/15/2012.(ervsl, )
December 12, 2011 Opinion or Order Filing 269 USCA ORDER re: 266 Notice writ of mandamus filed by Mikeal Glenn Stine. The petition is denied. USCA case no. 11-1518. (bjrsl, )
October 18, 2011 Opinion or Order Filing 255 ORDER granting in part and denying in part 253 Mr. Stines Motion Requesting the Court Order Docket Sheet Be Correct. by Magistrate Judge Craig B. Shaffer on 10/18/2011.(erv2, )
September 15, 2011 Opinion or Order Filing 220 ORDER to Cure Deficiency re 211 Notice of Appeal by Mikeal Stine, appellant has 30 days to either pay the filing fee or file a 1915 motion with district court by Judge William J. Martinez on 09/15/11. (bjrsl, )
September 7, 2011 Opinion or Order Filing 207 USCA ORDER re: 188 Letter from Court of Appeals re petition for writ of mandamus. Petitioner's motion to dismiss this matter is granted. 10th Cir. R. 27.3(A)(9). USCA case no. 11-1385. (bjrsl, )
September 1, 2011 Opinion or Order Filing 200 MINUTE ENTRY for Status Conference held before Magistrate Judge Craig B. Shaffer on 9/1/2011. Granting 155 Motion for Order; Denying 156 Motion for Order; Granting 161 Motion for Hearing/Conference; Denying 180 Motion for Hearing/Conference; Denying 183 Motion for Hearing/Conference; Denying 185 Motion for Hearing/Conference; Denying 193 Motion for Hearing/Conference. ORDERED: Defendants to file a consolidated response to Motion Requesting the Court Modify the Courts Order (Doc. 1 48) Allowing Plaintiff to File Third Amended Verified Complaint With Good Cause 196 and Petition Pursuant to Court Order Seeking Leave of the Court to File Third Verified Amended Complaint Pursuant to Fed.R.Civ.P. 15 197 by September 14, 2011. Evidentiary Hearing regarding 136 set for 9/9/2011 1:30 PM in Courtroom A402 before Magistrate Judge Craig B. Shaffer. (FTR: Laura Galera) (lag) (FTR: Laura Galera) (lag, )
August 25, 2011 Opinion or Order Filing 190 CORRECTED ORDER denying 35 Motion for TRO; denying 35 Motion for Preliminary Injunction, by Magistrate Judge Craig B. Shaffer on 8/25/11. (cbssec)
June 30, 2011 Opinion or Order Filing 154 ORDER Granting Service by the United States Marshal re: 153 Amended Complaint filed by Mikeal Glenn Stine by Magistrate Judge Craig B. Shaffer on 6/30/2011. (Attachments: # 1 Certified Mail Receipt)(erv, )
June 24, 2011 Opinion or Order Filing 151 ORDER re: 150 Declaration filed by Mikeal Glenn Stine, IT IS ORDERED that the Declaration filed by Mr. Stine on June 24, 2011 150 is STRICKEN. The court requests the Clerk of the Court to mail a copy of Doc. 150 to Mr. Stine. by Magistrate Judge Craig B. Shaffer on 6/24/2011. (erv, )
June 23, 2011 Opinion or Order Filing 148 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 6/23/2011 denying without prejudice 91 Motion to Dismiss; granting 107 Motion to Amend/Correct/Modify; denying 111 Motion for P rotective Order; granting 117 Motion for Order; withdrawing 120 Motion for Sanctions; denying 125 Motion to Clarify; denying 125 Motion for Ruling; granting 133 Motion for Order; denying 138 Motion to Expedite; granting 144 Motion for L eave; Response to 136 due 7/7/2011; With the exception of briefing on 136 all further proceedings STAYED; Plaintiff may not file any further motions under Rule 15 until the issue of exhaustion is fully briefed and decided. By Magistrate Judge Craig C. Shaffer. (FTR: Linda Kahoe) (cbscd)
June 1, 2011 Opinion or Order Filing 130 MINUTE ORDER denying 118 Motion for Order; granting 123 Motion for Leave; and denying 126 Motion for Reconsideration. ORDERED that Plaintiffs "Sur-Reply to Defendants Reply to Plaintiffs Response to Defendants Motion to Dismiss" (doc . #123-1) is ACCEPTED for filing. ORDERED that on or before 6/13/11 Defendant shall file responses to Plaintiff's 107 MOTION to Amend and 120 MOTION for Sanctions. ORDERED that a Motion Hearing on Plaintiff's 125 MOTION to Clarify MOTION for Ruling has been set for 6/23/2011 at 1:30 p.m. in Courtroom A402. By Magistrate Judge Craig B. Shaffer on 6/1/11.(cbssec)
May 5, 2011 Opinion or Order Filing 105 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: A Motion Hearing was held on 5/5/2011. ORDERED: Motion for TRO and Preliminary Injunction # 35 is taken under advisement; Motion for Evidentiary Hearing # 50 is taken under advisement; Motion to Change Venue # 84 is DENIED; Motion to Reinstate Defendant, # 85 is DENIED; denying # 86 Motion for Recusal and Motion for Preliminary Injunction; denying # 102 Motion to Strike by Magistrate Judge Craig B. Shaffer. (FTR: Linda Kahoe) (cbscd)
April 14, 2011 Opinion or Order Filing 81 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: A Status Conference was held on 4/14/2011. ORDER withdrawing 33 Motion for Leave; denying 40 Motion for Hearing/Conference; denying without prejudice [ 43] Motion to Amend/Correct/Modify; doc 42 is STRICKEN; withdrawing 51 Motion to Clarify; denying 56 Motion to Certify Class; denying 56 Motion to Appoint Counsel ; granting 61 Motion to Supplement; granting 67 Motion for Leave; granting 69 Motion for Leave; granting 70 Motion for Leave; withdrawing 77 Motion for Order; withdrawing 18 Motion for Order; withdrawing 21 Motion for Preliminary Injunction; withdrawing 22 Motion for Preliminary Injunction. Responses to Motion for Evidentiary Hearing 50 and Verified Motion for T.R.O. 35 due APRIL 28, 2011. Government is ORDERED to arrange for a dental examination and submit photographs to the court and to Plaintiff in advance of the motion hearing. A Motion Hearing is set for 5/5/2011 at 08:00 AM before Magistrate Judge Craig B. Shaffer. (FTR: Linda Kahoe) (cbscd)
March 18, 2011 Opinion or Order Filing 39 ORDER re: 35 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Mikeal Glenn Stine. IT IS ORDERED: That the parties file, on or before March 29, 2011, a notice indicating whether they agree to a partial consent, under 28 U.S.C. § 636(c)(1), to allow Magistrate Judge Shaffer to decide Plaintiffs Verified Emergency Motion for T.R.O. and Preliminary Injunction by Order instead of recommended disposition. by Judge William J. Martinez on 3/18/2011. (erv, )
March 14, 2011 Opinion or Order Filing 32 USCA ORDER: The matter of appellant's motion to voluntarily dismiss the petition is before the court. The petition is dismissed pursuant to Fed. R. App. P. 42(b) re: 30 Letter of petition for writ of mandamus filed by Mikeal Glenn Stine. USCA case no. 11-1100. (bjrsl, )
February 1, 2011 Opinion or Order Filing 9 ORDER. ORDERED that Mr. Davis or an appropriate prison staff member is instructed to provide a statement to the Court within ten days of the date of service of this Order. ORDERED that Mr. Stine is restricted from filing any further pleadings or motions in this action, including a reply to the statement provided by the Warden or appropriate prison staff. ORDERED that all pending motions are denied by Magistrate Judge Boyd N. Boland on 01/31/11.(jjh, )
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Defendant: D. Allred
Represented By: J. Benedict Garcia
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Plaintiff: Mikeal Glenn Stine
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