Burkhart v. Timme et al
| David Lee Burkhart |
| Arthur Trainor, Arthur (I) Trainor, Ron Wager, Ron (I) Wager, Shelly Ortiz, Shelly (I) Ortiz, (I) Segura, Segura, Rae Timme and Rae (I) Timme |
| 1:2011cv00341 |
| February 9, 2011 |
| US District Court for the District of Colorado |
| Denver Office |
| Fremont |
| Michael E. Hegarty |
| Marcia S. Krieger |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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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
118
JUDGMENT by Clerk re: 117 Order on Motion for Summary Judgment and Order on Motion for Leave, by Clerk on 1/29/2013. (klyon, )
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Filing
104
MINUTE ORDER denying 101 Plaintiff's Motion Requesting an Order of Compliance, by Magistrate Judge Michael E. Hegarty on 6/14/2012. (mehcd)
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Filing
90
MINUTE ORDER denying 86 Plaintiff's Request for Sanctions with Affidavit of Support, by Magistrate Judge Michael E. Hegarty on 03/08/2012.(wjc, )
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Filing
80
MINUTE ORDER denying as premature 75 Plaintiff's Request for Admission of Documents and 76 Plaintiff's Request for Admission of Documents #2, by Magistrate Judge Michael E. Hegarty on 1/24/2012. (mehcd)
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Filing
63
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS: (1)The Motion to Dismiss 27 is GRANTED IN PART AND DENIED IN PART, as follows: (a) all claims for monetary damages asserted against the Defendants in their official c apacities are dismissed with prejudice as legally barred; (b) all claims for injunctive relief against Defendants Trainor, Wager, Ortiz, andSegura in their official capacities are dismissed with prejudice as legally barred; (c) all claims for injunct ive relief against Defendant Timme in her official capacity remain pending;(d) the Eighth Amendment claim based on Mr. Burkharts placement in RP status is dismissed without prejudice to amendment upon a proper showing; (e) the Due Process claim remai ns pending; (f) the Double Jeopardy claim is dismissed with prejudice as legally barred; (g) the Fourth Amendment claim based on searches of Mr. Burkharts cell is dismissed with prejudice as legally barred; (h) the claim against Defendant Segura for excessive force is cognizable as an Eighth Amendment claim and remains pending. by Judge Marcia S. Krieger on 12/7/11.(msksec, )
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Filing
58
MINUTE ORDER denying without prejudice 56 Plaintiff's third "Petition Requesting Leave to File an Amended Prisoner Complaint," by Magistrate Judge Michael E. Hegarty on 8/22/2011. (mehcd)
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Filing
52
MINUTE ORDER denying without prejudice Plaintiff's second 50 Motion Requesting Leave to File Amended Prisoner Complaint. Plaintiff must submit a proposed amended complaint with a motion for leave, for the Court and Defendants review. The Clerk is to mail a blank form to Plaintiff with this minute order. The Court permits Plaintiff up to and including 8/11/2011,to file a proposed amended complaint, by Magistrate Judge Michael E. Hegarty on 7/27/11.(lsw, )
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Filing
48
MINUTE ORDER denying without prejudice 46 Plaintiff's Motion Requesting Leave to File Amended Prisoner Complaint, by Magistrate Judge Michael E. Hegarty on 7/14/2011. (mehcd)
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Filing
42
ORDER granting 34 Defendants' Motion to Stay Discovery and Disclosures Pending Determination of Whether Defendants are Protected by Qualified Immunity; and denying as moot 37 Plaintiff's "Motion to Compel Discovery Items." The parties shall file a status report within five business days of receiving a ruling on the motion to dismiss, indicating what scheduling, if any, is needed. By Magistrate Judge Michael E. Hegarty on 6/29/2011. (mehcd)
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Filing
15
ORDER Granting Service by United States Marshal, by Judge Marcia S. Krieger on 04/07/2011. (wjc, )
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Filing
10
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 3/22/11. (mskcd)
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Filing
7
ORDER DRAWING CASE. This case shall be drawn to a district judge and to a magistrate judge. By Magistrate Judge Boyd N. Boland on 3/14/2011. (sah, )
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Filing
4
ORDER granting 2 Motion for Leave to Proceed in Forma Pauperis and denying 3 "Motion Requesting Process of Service to be Made by the U.S. Marshalls [sic] Office," by Magistrate Judge Boyd N. Boland on 2/18/11.(lyg, )
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