Burkhart v. Florez et al
| David Lee Burkhart and Lacy Lee Burkhart |
| Moore, Siobhan (I) Burtlow, Florez (I), Siobhan Burtlow, Yvette Brown, Florez and Moore (I) |
| 1:2020cv00732 |
| March 16, 2020 |
| 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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| Filing 9 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE that the 1983 claims asserted against the Defendants in their official capacities for monetary, declaratory and retrospective injunctive be DISMISSED WITHOUT PREJUDICE based on Eleventh Amendment immunity, pursuant to 28 U.S.C. 1915(e)(2)(B)(iii). That the following claims be DISMISSED WITHOUT PREJUDICE for Plaintiffs failure to comply with Rule 8 of the Federal Rules of Civil Procedure: (1) the 1983 claims asserted against Defendant Burtlow in her individual capacity; (2) the Eighth Amendment claims asserted against all Defendants; and, (3) any federal constitutional claims premised on Defendant Brown's refusal to recognize Plaintiff's legal name change in CDOC documents as other than an alias. That Defendant Siobhan Burtlow be DISIMSSED as a party to this action. That (1) the First and Fourteenth Amendment claims asserted against Defendants Florez and Moore based on the Defendants' actions in barring Plaintiff from communicating with her husband and her husband's mother, (2) the unconstitutional retaliation claim asserted against Defendant Brown, and (3) the state constitutional and statutory claims asserted against Defendant Brown, be DRAWN to a presiding judge and, if applicable, to a magistrate judge, pursuant to D.C.COLO.LCivR. 40.1(a). See D.C.COLO.LCivR 8.1(c), by Magistrate Judge Gordon P. Gallagher on 5/1/2020. (evana, ) |
Filing 8
ORDER OF REFERENCE TO UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1, United States Magistrate Judge Gordon P. Gallagher is designated to conduct proceedings in this civil action, by Judge Lewis T. Babcock on 4/30/2020. (evana, )
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Filing 7
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 4/29/2020. (evana, )
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| Filing 6 AMENDED COMPLAINT against Yvette Brown, Siobhan Burtlow, Siobhan (I) Burtlow, Florez, Florez (I), Moore, Moore (I), filed by David Lee Burkhart.(evana, ) |
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Filing 5
ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT. ORDERED that Plaintiff file, within thirty (30) days from the date of this order, an Amended Prisoner Complaint that complies with the directives in this Order. ORDERED that Plaintiff shall obtain the court-approved Prisoner Complaint form (with the assistance of her case manager or the facility's legal assistant), along with the applicable instructions, at www.cod.uscourts.gov. ORDERED that, if Plaintiff fails to file an amended Prisoner Complaint that complies with this order within the time allowed, some or all of this action will be dismissed without further notice, by Magistrate Judge Gordon P. Gallagher on 3/18/2020. (apesa, )
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Filing 4
ORDER Granting #2 Prisoner's Motion and Affidavit for Leave to ProceedPursuant to 28 U.S.C. 1915. within thirty (30) days of the date of this Order, Plaintiff's custodian shall disburse from Plaintiff's prison account, if funds are available in keeping with 28 U.S.C. 1915(b), an initial partial filing fee of $4.46 to the Clerk of the United States District Court for the District of Colorado, which represents 20 percent of the greater of the (1) average monthly deposits, or (2) average monthly balance in Plaintiff's prison accounts for the six-month period immediately preceding the filing ofthe Complaint. 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 3/17/2020.(e-mailed as ordered)(evana, )
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| Filing 3 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (trvo, ) |
| Filing 2 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff David Lee Burkhart. (trvo, ) |
| Filing 1 Prisoner COMPLAINT against Yvette Brown, Siobhan Burtlow, Siobhan (I) Burtlow, Florez, Florez (I), Moore, Moore (I), filed by David Lee Burkhart. (Attachments: #1 Notice of Intent and Mandamus, #2 Envelope)(trvo, ) |
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