Harper v. Montezuma County Board of Commissioners et al
| Marion O. Harper, III |
| Montezuma Co. Sheriff's Department, Cortez Police Dept., Montezuma County Board of Commissioners, Montezuma County Social Services, Mont. Co. Combined Courts and City of Cortez, CO |
| 1:2018cv02225 |
| August 29, 2018 |
| US District Court for the District of Colorado |
| William J Martinez |
| Scott T Varholak |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 32
MINUTE ORDER by Magistrate Judge Scott T. Varholak on 10/24/2018. IT IS ORDERED that Plaintiff shall file a notice updating the Court of his new mailing address on or before 11/14/2018. (jgonz, )
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| Filing 31 Mail Returned as Undeliverable re: #26 Certificate of Service Addressed to Marion O. Harper III. (cthom, ) |
| Filing 30 CERTIFICATE of Service by Mail by Clerk of Court re 29 Order on Motion for Extension of Time to File Response/Reply, to Marion O. Harper, III, P.O. Box 874, Cortez, CO 81321. Text Only Entry (jgonz, ) |
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Filing 29
ORDER granting #27 Motion for Extension of Time to File Response/Reply. Plaintiff's response to the Motion to Dismiss was due October 5, 2018. Plaintiff did not file the instant Motion until October 15, 2018, apparently due to mail delays. Plaintiff also failed to confer with Defendants prior to filing the Motion, as required by this Court's Local Rules, D.C.COLO.LCivR 7.1, and fails to specify how much additional time he needs to respond to Defendants' Motion. Cognizant of Plaintiff's pro se status, the Court nevertheless allows Plaintiff an additional week within which to respond to Defendants' Motion to Dismiss #24 . Accordingly, Plaintiff shall respond to Defendants' Motion to Dismiss on or before 10/23/2018. Plaintiff is cautioned that while the court "liberally construe[s] pro se pleadings," a party's "pro se status does not excuse the obligation of any litigant to comply with the fundamental requirements of the Federal Rules of Civil... Procedure," or this Court's Local Rules. Ogden v. San Juan Cty., 32 F.3d 452, 455 (10th Cir. 1994). Plaintiff is further cautioned that, should he fail to file a timely response to the Motion to Dismiss, the Court may issue a recommendation on the Motion to Dismiss without consideration of any arguments offered by Plaintiff and Plaintiffs arguments in opposition to the Motion to Dismiss may be deemed waived. See Cole v. New Mexico, 58 Fed. App'x 825, 829 (10th Cir.2003) (holding that, by failing to raise the issue in his initial response to the [ ] motion to dismiss, [the plaintiff] has waived the argument). The Clerk of Court is directed to mail a copy of this ORder to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/16/2018. Text Only Entry (stvlc2, )
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| Filing 28 MEMORANDUM regarding #27 MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss for Failure to State a Claim and for Filing Restrictions, #24 MOTION to Dismiss filed by Marion O. Harper, III. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 10/16/2018. Text Only Entry (wjmsec, ) |
| Filing 27 MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss for Failure to State a Claim and for Filing Restrictions, #24 MOTION to Dismiss by Plaintiff Marion O. Harper, III. (sphil, ) |
| Filing 26 Proof of Service by Marion O. Harper, III (sphil, ) |
| Filing 25 MEMORANDUM regarding #24 MOTION to Dismiss filed by Montezuma County Board of Commissioners, Montezuma County Social Services, Montezuma Co. Sheriff's Department. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 9/17/2018. Text Only Entry (wjmsec, ) |
| Filing 24 MOTION to Dismiss by Defendants Montezuma Co. Sheriff's Department, Montezuma County Board of Commissioners, Montezuma County Social Services. (Vaughan, Gordon) |
| Filing 23 NOTICE of Compliance with D.C.COLO.LCivR 81.1(b) by Defendants City of Cortez, CO, Cortez Police Dept. (Attachments: #1 Exhibit A - Current State Court Docket Sheet)(Kramer, Courtney) |
| Filing 22 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Marion O. Harper, III All parties do not consent.. (angar, ) |
| Filing 21 CERTIFICATE of Service by Mail by Clerk of Court re 20 Minute Order, 17 Order on Motion for Extension of Time to Answer or Otherwise Respond, #14 Order Setting Scheduling Conference to Marion O. Harper, III, P.O. Box 874, Cortez, CO 81321. Text Only Entry (jgonz, ) |
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Filing 20
MINUTE ORDER. In light of #18 Motion to Dismiss, the Scheduling Conference set for 10/22/2018 11:30 AM is VACATED, to be reset if the case is not terminated after the Court's resolution of the Motion to Dismiss. The Clerk of Court is instructed to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/5/2018. Text Only Entry (stvlc2, )
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| Filing 19 MEMORANDUM regarding #18 MOTION to Dismiss for Failure to State a Claim and for Filing Restrictions filed by City of Cortez, CO, Cortez Police Dept.. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 9/5/2018. Text Only Entry (wjmsec, ) |
| Filing 18 MOTION to Dismiss for Failure to State a Claim and for Filing Restrictions by Defendants City of Cortez, CO, Cortez Police Dept.. (Attachments: #1 Exhibit A)(Kramer, Courtney) |
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Filing 17
ORDER granting #15 Motion for Extension of Time to Answer or Otherwise Respond. Defendants Montezuma Co. Sheriff's Department, Montezuma County Board of Commissioners, and Montezuma County Social Services shall answer or otherwise respond to the Complaint or on before 9/19/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/5/2018. Text Only Entry (stvlc2, )
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| Filing 16 MEMORANDUM regarding #15 MOTION for Extension of Time to File Answer or Otherwise Respond re #5 Complaint, filed by Montezuma County Board of Commissioners, Montezuma County Social Services, Montezuma Co. Sheriff's Department. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 9/5/2018. Text Only Entry (wjmsec, ) |
| Filing 15 MOTION for Extension of Time to File Answer or Otherwise Respond re #5 Complaint, by Defendants Montezuma Co. Sheriff's Department, Montezuma County Board of Commissioners, Montezuma County Social Services. (Attachments: #1 Proposed Order (PDF Only))(Vaughan, Gordon) |
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Filing 14
ORDER Setting Scheduling Conference for 10/22/2018 11:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak, by Magistrate Judge Scott T. Varholak on 8/30/2018. (jgonz, )
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Filing 13
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2017 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 8/ 30/2018. Text Only Entry (wjmsec, )
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Filing 12
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct ALLMTN proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 8/30/2018. Text Only Entry (wjmsec, )
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| Filing 11 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). Form mailed to pro se plaintiff in paper format. (dbera, ) Modified to correct docket text on 8/30/2018 (dbera, ). |
| Filing 10 AFFIDAVIT/RETURN of Service of Cover Sheet, Complaint, Summons upon City Hall on 8/9/2018 (dbera, ) |
| Filing 9 AFFIDAVIT/RETURN of Service of Cover Sheet, Complaint, Summons upon County Clerk on 8/9/2018 (dbera, ) |
| Filing 8 STATE COURT ORDER GRANTING IN PART the Cortez Defendant's Motion to Quash. By Charles R Greenacre, Senior Judge, Montezuma County on 7/26/2018(dbera, ) |
| Filing 7 AFFIDAVIT/RETURN of Service of Summons, Complaint, Cover Sheet upon Montezuma County on 6/1/2018 (dbera, ) |
| Filing 6 AFFIDAVIT/RETURN of Service of Summons, Complaint, Cover Sheet upon Montezuma County Sheriff's Department on 6/1/2018 (dbera, ) |
| Filing 5 COMPLAINT Under Simplified Procedure against City of Cortez, CO, Cortez Police Dept., Mont. Co. Combined Courts, Montezuma Co. Sheriff's Department, Montezuma County Board of Commissioners, Montezuma County Social Services, filed by Marion O. Harper, III.(dbera, ) |
| Filing 4 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (dbera, ) |
| Filing 3 CERTIFICATE that "Notice of Filing of Verified Notice of Removal" was Filed in State Court by Defendants Montezuma Co. Sheriff's Department, Montezuma County Board of Commissioners, Montezuma County Social Services. (Kramer, Courtney) |
| Filing 2 NOTICE re #1 Notice of Removal,,, by Defendants Montezuma Co. Sheriff's Department, Montezuma County Board of Commissioners, Montezuma County Social Services (Attachments: #1 Exhibit A)(Kramer, Courtney) |
| Filing 1 NOTICE OF REMOVAL by Montezuma County Social Services, Montezuma Co. Sheriff's Department, Montezuma County Board of Commissioners from Montezuma County District, Case Number 2018CV030939. (Filing fee $ 400, Receipt Number 1082-6272069), filed by Montezuma County Social Services, Montezuma Co. Sheriff's Department, Montezuma County Board of Commissioners. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Civil Cover Sheet, #20 Civil Cover Sheet Attachment)(Kramer, Courtney) |
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