Everett v. Zimmerman et al
| Elon E. Everett |
| Chamois Fanelli-Armentrout, Kristen Hilkey, T. Waters, Megan Zimmerman and Progressive Therapy Systems |
| 1:2019cv01954 |
| July 5, 2019 |
| US District Court for the District of Colorado |
| Lewis T Babcock |
| Gordon P Gallagher |
| Prisoner - Civil Rights (U.S. not a defendant) |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on August 23, 2019. A more recent docket listing may be available from PACER.
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| Filing 11 JUDGMENT re: #10 Order on Report and Recommendations, (evana, ) |
Filing 10
ORDER that the Recommendation of United States Magistrate Judge (ECF No. #7 ) is accepted and adopted. That the Prisoner Complaint (ECF No. #1 ) and the action are dismissed without prejudice pursuant to the rule in Heck v. Humphrey, 512 U.S. 477 (1994). That leave to proceed in forma pauperis on appeal is denied without prejudice to the filing of a motion seeking leave to proceed in forma pauperis on appeal in the United States Court of Appeals for the Tenth Circuit. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this dismissal would not be taken in good faith. That the "Motion Requesting Abeyance" (ECF No. #9 ) is denied, by Judge Lewis T. Babcock on 8/23/2019.(evana, )
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| Filing 9 MOTION Requesting Abeyence/Change of Address by Plaintiff Elon E. Everett. (sphil, ) Modified on 7/26/2019 NEF Notice sent to new address 10150 E. Harvard Ave, Apt. E-734; Denver, CO 80231. (sphil, ). |
| Filing 8 PAYMENT RECEIVED from Elon E. Everett in the amount of $ 45.00; Receipt Number COX091126; Initial Payment. (evana, ) |
| Filing 7 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE that the Prisoner Complaint (ECF No. #1 ) and the action be dismissed without prejudice pursuant to Heck v. Humphrey, 477 U.S. 512 (1994), by Magistrate Judge Gordon P. Gallagher on 7/11/2019. (evana, ) |
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Filing 6
ORDER OF REFERENCE to Magistrate Judge Gordon P. Gallagher by Judge Lewis T. Babcock on 7/11/2019. (evana, ) Modified on 7/11/2019 (sphil, ).
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Filing 5
MINUTE ORDER Pursuant to D.C.COLO.LCivR 8.1, the Clerk of Court is directed to assign this matter to Senior Judge Lewis T. Babcock. The undersigned will remain as the assigned magistrate judge, by Magistrate Judge Gordon P. Gallagher on 7/10/2019. (evana, )
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Filing 4
ORDER that the Prisoner's Motion and Affidavit for Leave to ProceedPursuant to 28 U.S.C. 1915 (ECF No. #3 ) is granted. That within thirty days of the date of this Order Plaintiff's custodian shall disburse from Plaintiff's prison account an initial partial filing fee of $45.00 to the Clerk of the United States District Court for the District of Colorado, whichrepresents 20 percent of the greater of the (1) average monthly deposits, or (2) average monthly balance in Plaintiff's prison account for the six-month period immediately preceding the filing of the complaint. See 28 U.S.C. 1915(b). That Plaintiff is advised that notwithstanding any filing fee,or any portion thereof that may have been paid, the Court shall dismiss at any time all or any part of such complaint which (1) is frivolous or malicious; (2) fails to state a claim on which relief can be granted; or (3) seeks monetary relief from a defendant who is immune from such relief. See 28 U.S.C. 1915A(b); 28 U.S.C. 1915(e)(2). That Plaintiff's custodian shall continue to disburse monthly payments from Plaintiff's prison account until full payment of the filing fee has been paid to the Court, even after disposition of the case and regardless of whether relief is granted or denied. That the Clerk of the Court shall not issue process until further order of the Court. That the Clerk of the Court shall send a copy of this Orderto DOC_inmateaccounts@state.co.us., by Magistrate Judge Gordon P. Gallagher on 7/9/2019.(mailed as ordered)(evana, )
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| Filing 3 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 by Plaintiff Elon E. Everett. (rsams, ) |
| Filing 2 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (rsams, ) |
| Filing 1 Prisoner COMPLAINT against Chamois Fanelli-Armentrout, Kristen Hilkey, Progressive Therapy Systems, T. Waters, Megan Zimmerman, filed by Elon E. Everett. (Attachments: #1 Envelope)(rsams, ) |
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