Carey v. Buitrago
Plaintiff: Zhanda Carey
Defendant: Buitrago, Donald Demello, James Casias, Carlos Buitrago, Billy Humbles, James Anderson, Tina Lovato, John West, Daniel Trujillo, Chase Aumiller and Ronaldo Granzier
Case Number: 1:2019cv02073
Filed: July 17, 2019
Court: US District Court for the District of Colorado
Presiding Judge: Gordon P Gallagher
Referring Judge: Raymond P Moore
2 Judge: Scott T Varholak
Nature of Suit: Prisoner - Civil Rights (U.S. not a defendant)
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 11, 2019 Opinion or Order Filing 26 ORDER granting #25 Motion for Extension of Time to Answer or Otherwise Respond. Answer to the Amended Complaint due by 10/10/2019. Entered by Judge Raymond P. Moore on 9/11/2019. Text Only Entry (cpear)
September 11, 2019 Filing 25 First MOTION for Extension of Time to File Answer or Otherwise Respond re #23 Amended Complaint by Defendant Carlos Buitrago. (Field, Katherine)
September 9, 2019 Filing 24 CERTIFICATE of Service by Clerk of Court re #23 Amended Complaint for Service of Process on defendants Sergeant Tina Lovato, Deputy John West, Deputy Donald Demello, Deputy James Anderson, Deputy Billy Humbles, Deputy Chase Aumiller, Deputy Daniel Trujillo, Deputy Ronaldo Granzier, and Sergeant James Casias. (Attachments: #1 Forms USM-285) (rvill, )
September 5, 2019 Filing 23 AMENDED COMPLAINT against Carlos Buitrago, Tina Lovato, John West, Donald Demello, James Anderson, Billy Humbles, Chase Aumiller, Daniel Trujillo, Ronaldo Granzier, James Casias, filed by Zhanda Carey. (Attachments: #1 Envelope)(evana, )
August 30, 2019 Filing 22 NOTICE of Entry of Appearance by Katherine M. Field on behalf of BuitragoAttorney Katherine M. Field added to party Buitrago(pty:dft) (Field, Katherine)
August 21, 2019 Opinion or Order Filing 21 ORDER denying without prejudice #17 Motion for Service; denying as moot #19 Motion to Dismiss. Proposed Scheduling Order due 11/14/2019, Scheduling Conference set for 11/21/2019 11:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Status conference set for 9/24/2019 is VACATED. SO ORDERED by Magistrate Judge Scott T. Varholak on 8/21/2019.(jgonz, )
August 20, 2019 Filing 20 MEMORANDUM regarding #19 MOTION to Dismiss Plaintiff's Complaint filed by Buitrago. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 8/20/2019. (Text Only Entry) (rmsec )
August 19, 2019 Filing 19 MOTION to Dismiss Plaintiff's Complaint by Defendant Buitrago. (Attachments: #1 Exhibit A)(Trautman, Jamesy)
August 13, 2019 Opinion or Order Filing 18 MEMORANDUM regarding #17 MOTION for Order to. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 8/13/2019. (Text Only Entry) (rmsec )
August 12, 2019 Filing 17 Letter from Zhanda Carey with the names of Officers and a Request for Service (evana, )
August 2, 2019 Opinion or Order Filing 16 MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 8/2/2019. (Text Only Entry) (rmsec )
August 2, 2019 Opinion or Order Filing 15 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 8/2/2019. (Text Only Entry) (rmsec )
August 1, 2019 Filing 14 CASE REASSIGNED pursuant to #13 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 19-cv-02073-RM. (Text Only Entry) (jgonz, )
July 31, 2019 Filing 13 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Zhanda Carey All parties do not consent.. (jgonz, )
July 30, 2019 Filing 12 SUMMONS Returned Executed Buitrago served on 7/29/2019, answer due 8/19/2019. (jgonz, )
July 29, 2019 Filing 11 CERTIFICATE of Service by Mail by Clerk of Court re 10 Minute Order, to Zhanda Carey, #685332, Denver County Jail (DCJ), P.O. Box 1108, Denver, CO 80201-1108. Text Only Entry (jgonz, )
July 29, 2019 Opinion or Order Filing 10 MINUTE ORDER. In light of #9 Affidavit/Return of Service, indicating that the John Doe Defendants could not be served, the Scheduling Conference set for 9/24/2019 11:30 AM is VACATED and RESET as a Status Conference set for 9/24/2019 11:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties should be prepared to address the identity of the John Doe Defendants. Plaintiff and, if applicable, his case manager, may participate in the Status Conference by calling the Court at 303.335.2365 at the scheduled date and time. The Clerk of Court is instructed to mail a copy of this order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/29/2019. Text Only Entry (stvlc2, )
July 24, 2019 Filing 9 AFFIDAVIT of Service Unexecuted upon John Doe(s) on 7/23/2019. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document, #3 Continuation of Main Document, #4 Continuation of Main Document, #5 Continuation of Main Document, #6 Continuation of Main Document)(jgonz, )
July 22, 2019 Filing 8 CERTIFICATE of Service by Clerk of Court re #1 Prisoner Complaint for Service of Process. (Attachments: #1 Forms USM-285 for all defendants) (rvill, )
July 19, 2019 Opinion or Order Filing 7 ORDER Setting Scheduling Conference for 9/24/2019 11:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Consent Form due by 9/10/2019. Proposed Scheduling Order due 9/17/2019, by Magistrate Judge Scott T. Varholak on 7/22/2019. (Attachments: #1 Instructions and Template of Proposed Scheduling Order) (jgonz, )
July 19, 2019 Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (evana, )
July 19, 2019 Opinion or Order Filing 5 ORDER DRAWING CASE by Magistrate Judge Gordon P. Gallagher on 7/19/2019. This Case is randomly reassigned to Magistrate Judge Scott T. Varholak for all further proceedings. Magistrate Judge Gordon P. Gallagher no longer assigned to case. All Future documents should be designated as 19-cv-02073 STV (evana, )
July 19, 2019 Opinion or Order Filing 4 ORDER GRANTING LEAVE TO PROCEED PURSUANT TO 28 U.S.C. 1915. that the Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 (ECF No. #2 ) is GRANTED. That Plaintiff may proceed in this action without payment of an initial partial filing fee. That Plaintiff's custodian shall disburse from Plaintiff's inmate account monthly payments of 20 percent of the preceding month's income credited to this inmate account until Plaintiff has paid the total filing fee of $350.00. See 28 U.S.C. 1915(b)(2).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 inmate 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 send a copy of this Order to Business Office, Attn: Inmate Accounts, at the Denver County Jail in Denver, Colorado, by Magistrate Judge Gordon P. Gallagher on 7/19/2019. (mailed as ordered)(evana, )
July 17, 2019 Filing 3 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (cmadr, )
July 17, 2019 Filing 2 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Zhanda Carey. (cmadr, )
July 17, 2019 Filing 1 Prisoner COMPLAINT against Buitrago, filed by Zhanda Carey.(cmadr, )

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Defendant: Buitrago
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Defendant: Donald Demello
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Defendant: James Casias
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Defendant: Carlos Buitrago
Represented By: Katherine M. Field
Represented By: Jamesy C. Trautman
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Defendant: Billy Humbles
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Defendant: James Anderson
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Defendant: Tina Lovato
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Defendant: John West
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Defendant: Daniel Trujillo
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Defendant: Chase Aumiller
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Defendant: Ronaldo Granzier
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Plaintiff: Zhanda Carey
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