Faircloth v. Schwartz, et al
Plaintiff: James Faircloth
Defendant: Celia Schwartz, Celia (I) Schwartz, J. Davis, J. (I) Davis, D. Cotten, D. (I) Cotten, R. Fisher, R. (I) Fisher, A. Hysjulien, A. (I) Hysjulien, C.D.D.C. Employees and (I) C.D.D.C. Employees
Case Number: 1:2012cv02764
Filed: October 17, 2012
Court: US District Court for the District of Colorado
Office: Denver Office
County: Chaffee
Presiding Judge: Boyd N. Boland
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
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
March 7, 2016 Opinion or Order Filing 212 JUDGMENT by Clerk in favor of Celia Schwartz, Celia (I) Schwartz against James Faircloth re: 210 Order on Motion for Summary Judgment. By Clerk on 3/7/16. (kfinn)
February 10, 2016 Opinion or Order Filing 203 ORDER CONCERNING MOTION TO CONTINUE TRIAL. ORDERED that the 199 Defendant's Motion to Vacate March 14-16, 2016 Jury Trial, Final Pretrial/trial Preparation Conference, and Related Deadlines is granted in part; That the deadline for exchange of trial exhibits is extended to March 4, 2016; That the deadline to submit objections to proposed trial exhibits is extended to March 10, 2016; That the deadline to submit proposed jury instructions, proposed verdict forms, and a joint proposed pretri al order is extended to March 10, 2016, at 12:00 noon (MST); That the combined Final Pretrial Conference and Trial Preparation Conference, currently set for February 26, 2016, at 11:30 a.m., is continued to March 11, 2016, at 1:00 p.m.; That the Tri al Preparation Conference Order [#183] entered November 19,2015, is amended and supplemented accordingly; and That otherwise, the Defendant's Motion to Vacate March 14-16, 2016 Jury Trial, Final Pretrial/trial Preparation Conference, and Related Deadlines [#199] filed February 4, 2016, is denied. By Judge Robert E. Blackburn on 2/10/2016.(agarc, )
December 10, 2015 Opinion or Order Filing 192 ORDER granting 189 Motion to Vacate January 5, 2016 Final Pretrial and Trial Preparation Conference, January 19, 2016 Jury Trial, and Related Deadlines in Favor of New Close-of-discovery and Dispositive Motion Deadlines. Final Pretrial Con ference set for 2/26/2016 11:30 AM before Judge Robert E. Blackburn. Three (3) day Jury Trial set for 3/14/2016 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. Trial Preparation Conference set for 2/26/2016 at 11:30 AM before Judge Rob ert E. Blackburn. The close of discovery shall be Tuesday, December 22, 2015. The dispositive motions deadline shall be January 18, 2016. The Trial Preparation Conference Order 183 entered November 19, 2015, is amended and supplemented accordingly. By Judge Robert E. Blackburn on 12/10/2015.(mlace, )
November 19, 2015 Opinion or Order Filing 186 ORDER This matter is before the court sua sponte. On September 3, 2015, the magistrate judge entered an order continuing the stay of proceedings in this case through November 27, 2015, or until such time as plaintiffs counsel updated the court on the status of her efforts to negotiate a settlement of the matter. THEREFORE, IT IS ORDERED that the stay in this matter is lifted effective forthwith, by Judge Robert E. Blackburn on 11/19/2015. (evana, )
September 3, 2015 Opinion or Order Filing 180 MINUTE ORDER; 177 Motion for Leave to Provide Limited ScopeRepresentation Pursuant to D.COLO.LAttyR 2(a) is GRANTED. The Notice ofLimited Representation Entry of Appearance of Elisabeth L. Owen [#177-1] is accepted for filing as of the date of t his Minute Order. To the extent the Status Report 178 requests an extension of the stay entered in this case, it is GRANTED. The stay entered in this case is extended through November 27, 2015. If a Notice of Settlement or dismissal papers have not been filed by that date, Plaintiff shall file a Status Report on or before November27, 2015 informing the Court of the status of this case. IT IS FURTHER ORDERED that the Clerk of the Court shall mail the August 18, 2015 Minute Order [#175] to Plaintiff with this Minute Order, by Magistrate Judge Kristen L. Mix on 9/3/15.(morti, )
August 18, 2015 Opinion or Order Filing 175 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 8/18/15. Verified Petition-Sworn Under Penalty of Perjury for Support for Injunction/T.R.O. to Enjoin Mail Restrictions # 171 is DENIED without prejudice. Plaintiff' Motion for Order of Injunction and T.R.O. to Defendant'(s)to [sic] Not Impede Access to the Court(s) and/or Combined Motion for Counsel in the Alternative # 172 is DENIED without prejudice. (lgale, )
June 18, 2015 Opinion or Order Filing 164 ORDER; 162 Petition for Stay of Proceedings to Consult With Attorney is GRANTED. This case is STAYED through August 30, 2015. On or before 8/30/2015, Plaintiff shall file a Status Report informing the Court: (1) whether he has obtained representation and (2) whether he intends to move forward with this lawsuit. Failure to comply with this Order may result in the imposition of sanctions, including dismissal of this case, by Magistrate Judge Kristen L. Mix on 6/18/15.(morti, )
May 12, 2015 Opinion or Order Filing 161 ORDER by Magistrate Judge Kristen L. Mix on 5/12/15. Defendant's Motion to Amend the Scheduling Order # 159 is GRANTED. Discovery due by 6/30/2015. Dispositive Motions due by 7/30/2015.(lgale, )
October 20, 2014 Opinion or Order Filing 149 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 10/20/14. Defendant's Motion to Vacate and Reset October 22, 2014 Preliminary Scheduling Conference 147 is GRANTED. IT IS FURTHER ORDERED that the preliminary Scheduling Conference set for October 22, 2014 at 10:30 a.m. is VACATED and RESET to 10/29/2014 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. (lgale, )
September 10, 2014 Opinion or Order Filing 143 ORDER ADOPTING 131 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE: Defendants' 115 Motion to Dismiss Amended complaint is DENIED as to the First Amendment claim of the plaintiff alleging denial of access to the courts and the First Ame ndment claim of the plaintiff alleging retaliation as alleged against defendant, Celia Schwartz in her individual capacity, to the extent the plaintiff seeks monetary damages, injunctive relief, and declaratory relief, and as alleged against defen dant, Celia Schwartz in her official capacity, to the extent the plaintiff seeks injunctive relief; otherwise, Defendants' 115 Motion to Dismiss Amended Complaint is GRANTED. Defendant, Gerry Bland, is DROPPED as a party to this action, and the caption of this case shall be AMENDED accordingly. By Judge Robert E. Blackburn on 9/10/2014. (alowe)
April 30, 2014 Opinion or Order Filing 128 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 4/30/14 Denying 125 Petition for Status of Case and Clarification as to Why Objections to Late Filing of Doc #115 by Defendants[ ] is Not Answered.(lgale)
November 13, 2013 Opinion or Order Filing 113 MINUTE ORDER granting 110 Motion for Clarification or Requestfor Extension of Time. Defendants shall file an answer or other response to Plaintiff's Fourth Amended Complaint [# 107 ] on or before 11/20/2013. By Magistrate Judge Kristen L. Mix on 11/13/2013.(klyon, )
September 20, 2013 Opinion or Order Filing 106 MINUTE ORDER granting 104 Plaintiff's Motion to Amend. Defendants' Motion to Dismiss [# 89 ] is DENIED as moot. By Magistrate Judge Kristen L. Mix on 9/20/2013.(klyon, )
September 16, 2013 Opinion or Order Filing 102 ORDER: The Motion to Supplement [# 100 ] is granted. Plaintiffshall file a motion to amend his complaint, with an attached proposed amended complaint, on or before 10/4/2013. The Motion to Amend [# 99 ] is DENIED as moot. The Motion to Extend [# 96 ] is DENIED as moot. The Motion to Reconsider [# 93 ] is DENIED. Defendants shall file a Reply to Plaintiff's Response [# 99 ] to their Motion to Dismiss [# 89 ] on or before 10/18/2013. By Magistrate Judge Kristen L. Mix on 9/16/2013.(klyon, )
August 26, 2013 Opinion or Order Filing 91 ORDER denying 66 Petition for Court Order to Compel Colorado Dept. of Corrections Legal Services Dept. and Crowley Correctional Facility to Not Impede Access to Colorado Court Rule Compliance Mandates. By Magistrate Judge Kristen L. Mix on 8/26/2013.(klyon, )
August 1, 2013 Opinion or Order Filing 84 MINUTE ORDER: Defendants shall file a Response to Plaintiff's Motionfor Order [# 66 ] on or before 8/15/2013. Plaintiff's Motion to Amend [#79] is GRANTED. The Clerk of the Court shall accept Plaintiff's Amended Complaint [#79-1] for filing as of the date of this Minute Order. Defendants shall answer or otherwise respond to Plaintiff's Amended Complaint [#79-1] on or before 8/19/2013. Defendants' Motion to Dismiss [# 71 ] is DENIED as moot. By Magistrate Judge Kristen L. Mix on 8/1/2013.(klyon, )
July 30, 2013 Opinion or Order Filing 83 ORDER of Dismissal as to Defendant Mrs. Murray, Only. Petitioner's Motion To Dismiss a Defendant Party [#80] is GRANTED. Plaintiff's claims against defendant, Mrs. Murray, are DISMISSED. Defendant, Mrs. Murray, is DROPPED as a named party to this action, and the case caption is amended accordingly. By Judge Robert E. Blackburn on 7/30/2013.(klyon, )
March 25, 2013 Opinion or Order Filing 60 ORDER to Dimiss in Part and to Draw Case to a District Judge and to a Magistrate Judge. ORDERED that claims two through eighteen, twenty, twenty- two, and twentythree in the revised second amended Prisoner Complaint 57 are dismissed. Defendant s John Davis, David Cotten, R. Fisher, A. Hysjulien, Mr. Anderson, Mr. Tancik, Mr. Shields, and Tom Clements are dismissed as parties to this action. This case shall be drawn to a district judge and to a magistrate judge, by Judge Lewis T. Babcock on 3/25/13. (sgrim)
March 21, 2013 Opinion or Order Filing 59 MINUTE ORDER denying as premature 51 and 58 Motions Requesting Service of Process; denying 52 Motion for Free Copy of Exhibit 5, by Magistrate Judge Boyd N. Boland on 3/21/2013.(skl)
January 17, 2013 Opinion or Order Filing 48 ORDER Directing Plaintiff to File Second Amended Complaint, by Magistrate Judge Boyd N. Boland on 1/17/2013. (skl)
December 28, 2012 Opinion or Order Filing 41 ORDER Denying Amended Motion for Injunctive Relief. ORDERED that the Amended Motion and Re-Petition for T.R.O./Preliminary Injunction and Protection Order for Witnesses 39 is denied, by Judge Lewis T. Babcock on 12/28/12.(sgrim)
December 13, 2012 Opinion or Order Filing 37 MINUTE ORDER DENIED as premature 33 Petition for Appointment of Counsel ; DENIED without prejudice 35 Petition to Add Supplemental/Subsequent Incident of Retaliation to Claim 1 and to Add New Defendants, by Magistrate Judge Boyd N. Boland on 12/13/2012.(sks)
December 10, 2012 Opinion or Order Filing 32 ORDER by Magistrate Judge Boyd N. Boland on 12/10/12, Directing Plaintiff To File Amended Complaint Within 30 days of the date of this order, and Order DENYING without prejudice 16 Motion to Supplement; DENYING without prejudice 28 Motion To Join Tom Clements; DENYING as premature 29 Motion for Service.(nmmsl, )
December 7, 2012 Opinion or Order Filing 30 ORDER by Magistrate Judge Boyd N. Boland on 12/7/12, GRANTING 13 28 USC 1915 Motion Without Payment of Initial Partial Filing Fee; DENYING as moot 5 Motion for Leave to Proceed in Forma Pauperis; ; and DENYING as premature 15 Motion for Service.(nmmsl, )
October 18, 2012 Opinion or Order Filing 3 ORDER Directing Plaintiff to Cure Deficiencies. by Magistrate Judge Boyd N. Boland on 10/18/12. (bnbcd, )
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Plaintiff: James Faircloth
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Defendant: Celia Schwartz
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Defendant: R. Fisher
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