Bertolo v. Colorado Department of Corrections et al
Plaintiff: James M. Bertolo
Defendant: Benezee, Colorado Department of Corrections, Tony Carochi and Pamela J. Ploughe
Case Number: 1:2011cv02822
Filed: October 28, 2011
Court: US District Court for the District of Colorado
Office: Denver Office
County: Fremont
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

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Date Filed Document Text
March 22, 2013 Opinion or Order Filing 70 FINAL JUDGMENT in favor of Defendants CTCF Reading Committee, Colorado Department of Corrections, Miklich, Worthen, Burl McCullar, Diane Miller, Joy Hart, Kieth Nordel, Kirk Machin, M Garcia, Marshall Griffith, Mira Longgloss, R. Viola, Steve Hager, Susan Jones, Tom Benezee and against Plaintiff James M. Bertolo. The Recommendation of the United States Magistrate Judge 59 is ADOPTED and Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and (6) and for Summary Judgment [5 1] is GRANTED. Plaintiff's claims against Defendants in their official capacities, claims under the Eighth Amendment for inadequate medical care, and claims under the First and Sixth Amendments for telephone restrictions, are DISMISSED without prejudice for failure to exhaust administrative remedies. The remainder of Plaintiff's claims are DISMISSED with prejudice. Final Judgment is entered for Defendants and against the Plaintiff on all claims. Each party shall bear his or her own costs, by Edward P. Butler, Deputy Clerk on 3/22/2013. (wjmcd, )
May 29, 2012 Opinion or Order Filing 54 ORDER. On 5/14/2012 defendants Benezee, Garcia, Griffith, Hagar, Hart, Jones, Longgloss, Machin, McCullar, Miklich, Nordell, Viola, and Worthen filed a motion to dismiss and for summary judgment 51 . The motion was not filed on behalf of Diane Miller. IT IS ORDERED that on or before 6/12/2012 defendant Diane Miller shall answer or otherwise respond to the Complaint. By Magistrate Judge Boyd N. Boland on 5/29/2012. (sahsl, )
April 16, 2012 Opinion or Order Filing 50 ORDER denying 39 Motion for Order to Enter Some Evidence and Intent; denying 40 Motion for Order to make and send copies; denying 41 Motion to Clarify; denying 48 Motion to Clarify Actions on the Merits Regarding Complaint to 28 U.S.C. § 1983; The Amended Prisoner Complaint III Doc. # 47 is STRICKEN; by Magistrate Judge Boyd N. Boland on 4/16/2012.(ervsl, )
March 21, 2012 Opinion or Order Filing 38 ORDER re: 24 MOTION to Appoint Counsel filed by James M. Bertolo, 31 Letter, 32 Letter are STRICKEN, by Magistrate Judge Boyd N. Boland on 3/21/12. (bnbcd, )
January 24, 2012 Opinion or Order Filing 16 ORDER Directing Plaintiff to File Second Amended Complaint, by Magistrate Judge Boyd N. Boland on 1/24/12. (lsw, )
December 5, 2011 Opinion or Order Filing 11 Minute ORDER. HEREBY ORDERED that on or before 1/3/12, Plaintiff shall submit an amended Complaint on the court-approved Prisoner Complaint form, along with a court approved Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. FURTHER ORDERED that Plaintiff's Motion for Appointment of Counsel 8 and Motion to distribute documents to all parties 9 are denied as premature, by Magistrate Judge Boyd N. Boland on 12/5/11.(lygsl, )
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Defendant: Benezee
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Defendant: Colorado Department of Corrections
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Defendant: Tony Carochi
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Defendant: Pamela J. Ploughe
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Plaintiff: James M. Bertolo
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