Gess v. 10th Circuit District Court
Plaintiff: Joshua Gess
Defendant: 10th Circuit District Court and USMS
Case Number: 1:2020cv01790
Filed: June 17, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Referring 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 September 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 12, 2020 Filing 52 AFFIDAVITS by Plaintiff Joshua Gess. (sphil, )
August 11, 2020 Opinion or Order Filing 51 ORDER denying #42 Motion for Default ; granting #43 Motion for Leave to Restrict ; denying #44 Motion to Certify ; denying #45 Motion for Contempt; denying #46 Motion Making Record; denying without prejudice #47 Motion for TRO; denying as moot #49 Motion to Reply, by Magistrate Judge Scott T. Varholak on 8/11/2020.(jgonz, )
August 10, 2020 Opinion or Order Filing 50 MEMORANDUM regarding #49 MOTION for Order to filed by Joshua Gess. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 8/10/2020. Text Only Entry (pabsec2)
August 10, 2020 Filing 49 Petition for Permission to Reply to AUSA's Response by Plaintiff Joshua Gess. (sphil, )
August 10, 2020 Opinion or Order Filing 48 MEMORANDUM regarding #42 MOTION for Default Judgment, #43 MOTION for Leave to Restrict, #44 MOTION to Certify Class, #45 MOTION for Contempt, #46 MOTION for Order, and #47 MOTION for Temporary Restraining Order. Motions referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 8/10/2020. Text Only Entry (pabsec2)
August 7, 2020 Filing 47 MOTION for Temporary Restraining Order by Plaintiff Joshua Gess. (sphil, )
August 7, 2020 Filing 46 MOTION Making Record of Violation of My Right to Life by Plaintiff Joshua Gess. (sphil, )
August 7, 2020 Filing 45 MOTION for Contempt of Court Order by Plaintiff Joshua Gess. (sphil, )
August 7, 2020 Filing 44 MOTION to Certify as a Class Action by Plaintiff Joshua Gess. (sphil, )
August 7, 2020 Filing 43 MOTION for Leave to Restrict Documents by Plaintiff Joshua Gess. (sphil, )
August 7, 2020 Filing 42 MOTION for Default Judgment and Immediate Release by Plaintiff Joshua Gess. (sphil, )
August 3, 2020 Filing 41 CERTIFICATE of Service by Mail by Clerk of Court re 40 Minute Order, to Joshua Gess, #45589-013,ENGLEWOOD,FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels,9595 WEST QUINCY AVENUE, LITTLETON, CO 80123. Text Only Entry (jgonz, )
August 1, 2020 Opinion or Order Filing 40 MINUTE ORDER Plaintiff shall file a reply brief in response to #39 Defendants' Response Opposing #7 Plaintiff's Motion for Emergency Hearing on or before 8/14/2020. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/01/2020. Text Only Entry (stvlc1, )
July 31, 2020 Filing 39 RESPONSE to #7 MOTION for Order to (Response to Plaintiff's Emergency Motion) filed by Defendants 10th Circuit District Court, USMS. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Steiner, Logan)
July 31, 2020 Filing 38 NOTICE OF CASE ASSOCIATION by Logan Ann Steiner on behalf of 10th Circuit District Court, USMS (Steiner, Logan)
July 31, 2020 Filing 37 NOTICE of Entry of Appearance by Logan Ann Steiner on behalf of 10th Circuit District Court, USMSAttorney Logan Ann Steiner added to party 10th Circuit District Court (pty:dft), Attorney Logan Ann Steiner added to party USMS(pty:dft) (Steiner, Logan)
July 29, 2020 Filing 36 CERTIFICATE of Service by Mail by Clerk of Court re 35 Order on Motion for Extension of Time to File, to Joshua Gess, #45589-013, ENGLEWOOD, FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, 9595 WEST QUINCY AVENUE, LITTLETON, CO 80123. Text Only Entry (jgonz, )
July 28, 2020 Opinion or Order Filing 35 ORDER This matter is before the Court on #33 Plaintiff's Motion for Extension of Time to Cure Deficiencies (the "Motion"), which requests "an order extending time period to cure deficiencies to 8/04/2020." Although the Court initially issued an order directing Plaintiff to cure deficiencies [#4], Plaintiff subsequently filed a Complaint asserting a Bivens claim that was drawn to a presiding judge [#5, 10]. As a result, there is no current order requiring Plaintiff to cure deficiencies in this case and thus no deadline for the Court to extend. Accordingly, the Motion is DENIED. To the extent Plaintiff seeks to cure deficiencies in his application for habeas relief, the habeas action was assigned case number 20-cv-01787-PAB and has been dismissed and thus there is no deadline for Plaintiff to cure deficiencies in that action either. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/28/2020. Text Only Entry(stvlc1, )
July 28, 2020 Filing 34 MEMORANDUM regarding #33 MOTION for Extension of Time to filed by Joshua Gess. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 7/28/2020. Text Only Entry (pabsec2)
July 27, 2020 Filing 33 MOTION for Extension of Time by Plaintiff Joshua Gess. (sphil, )
July 27, 2020 Filing 32 CERTIFICATE of Service by Mail by Clerk of Court re 30 Order on Motion for Order, 31 Order on Motion to Supplement, to Joshua Gess, #45589-013, ENGLEWOOD, FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, 9595 WEST QUINCY AVENUE, LITTLETON, CO 80123. Text Only Entry (jgonz, )
July 24, 2020 Opinion or Order Filing 31 ORDER This matter is before the Court on #28 Plaintiff's Motion to Supplement 1983 Bivens Claim (the "Motion"), which seeks to supplement Plaintiff's operative complaint raising a Bivens claim with additional factual allegations. The Motion, however, does not include a proposed supplemental complaint and does not include all of Plaintiff's allegations in support of his Bivens claim. Pursuant to D.C.COLO.LCivR 15.1(b), "[u]nless otherwise ordered, the proposed amended or supplemental pleading shall not incorporate by reference any part of the preceding pleading, including exhibits." Accordingly, Plaintiff's Motion is DENIED WITHOUT PREJUDICE to Plaintiff filing a motion to supplement that includes as an attachment a proposed supplemental complaint that complies with D.C.COLO.LCivR 15.1(b) (except that Plaintiff is not required to submit a redlined version of the supplemental pleading). The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/24/2020. Text Only Entry(stvlc1, )
July 24, 2020 Opinion or Order Filing 30 ORDER This matter is before the Court on #27 Plaintiff's Motion to Withdraw #22 Plaintiff's Motion to Consolidate Cases. On 7/16/2020, the Court issued an Order denying #22 Plaintiff's Motion to Consolidate Cases. [#24] Accordingly, #27 Plaintiff's Motion to Withdraw is DENIED AS MOOT. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/24/2020. Text Only Entry(stvlc1, )
July 24, 2020 Opinion or Order Filing 29 MEMORANDUM regarding #27 MOTION for Order to filed by Joshua Gess, #28 MOTION to Supplement filed by Joshua Gess. Motions referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 7/24/2020. Text Only Entry (pabsec2)
July 23, 2020 Filing 28 MOTION to Supplement 1983 Bivens Claim by Plaintiff Joshua Gess. (sphil, )
July 23, 2020 Filing 27 MOTION to Withdraw #22 MOTION to Consolidate Cases 20-cv-1790 and 20-cv-01787 by Plaintiff Joshua Gess. (sphil, )
July 23, 2020 Filing 26 RETURN of Service Certified Mail Receipt upon United States Attorney General on 7/20/2020, re: #14 Certificate of Service. (sphil, )
July 20, 2020 Filing 25 CERTIFICATE of Service by Mail by Clerk of Court re 24 Order, to Joshua Gess, ENGLEWOOD, FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, 9595 WEST QUINCY AVENUE, LITTLETON, CO 80123. Text Only Entry (jgonz, )
July 16, 2020 Opinion or Order Filing 24 ORDER This matter is before the Court on #22 Plaintiff's Motion to Consolidate Cases, which seeks to consolidate this case, Case No. 20-cv-01790-PAB-STV (the "Instant Case") with Case No. 20-cv-01787-PAB (the "1787 Case"). The operative complaint in the Instant Case asserts a claim for violation of Plaintiff's constitutional rights pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). [#5] In the 1787 Case, Plaintiff filed a Petition for Emergency Habeas Action pursuant to 28 U.S.C. 2241. [1787 Case, #7] Plaintiff cites no authority--and the Court is aware of none--permitting habeas corpus claims to be consolidated with actions asserting claims under Bivens. To the contrary, the Tenth Circuit has recognized the distinct nature of the actions and provided guidance for which types of claims may be brought pursuant to each. See. e.g., Standifer v. Ledezma, 653 F.3d 1276, 1280 (10th Cir. 2011) (refusing to consider Eighth Amendment violation alleged in habeas petition, because "[i]t is well-settled law that prisoners who wish to challenge only the conditions of their confinement, as opposed to its fact or duration, must do so through civil rights lawsuits filed pursuant to 42 U.S.C. 1983 or Bivens"). Although Plaintiff contends in his Motion that Plaintiff "filed a single 28 U.S.C. 2241 and the Clerk assigned two case numbers to one action" [#22], Plaintiff previously notified the Court that he had filed two separate actions -- a petition for habeas corpus pursuant to 28 U.S.C. 2241 and a separate "civil rights suit" [#19]. Accordingly, Plaintiff's Motion to Consolidate is DENIED. Upon review of the record in the Instant Case, however, the Court observes that Plaintiff's initial filing in the Instant Case appears to relate to his petition for Habeas Corpus in the 1787 Case rather than the civil rights claims asserted in the operative Bivens Complaint in the Instant Case. Accordingly, the Clerk of Court is directed to file #1 Motion for Order to Show Cause into the docket for Case No. 20-cv-01787-PAB. The Clerk of Court is further directed to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/16/2020. Text Only Entry(stvlc1, )
July 16, 2020 Opinion or Order Filing 23 MEMORANDUM regarding #22 MOTION for Order to filed by Joshua Gess. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 7/16/2020. Text Only Entry (pabsec2)
July 16, 2020 Filing 21 CERTIFICATE of Service by Mail by Clerk of Court re 18 Order on Motion for Hearing/Conference, to Joshua Gess, #45589-013, ENGLEWOOD, FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, 9595 WEST QUINCY AVENUE, LITTLETON, CO 80123. Text Only Entry (jgonz, )
July 15, 2020 Filing 20 MOTION for Reassignment of Judge by Plaintiff Joshua Gess. (sphil, ) (Main Document 20 corrected on 7/16/2020) (sphil, ). Modified on 7/16/2020 (sphil, ).
July 14, 2020 Filing 22 MOTION to Consolidate Cases 20-cv-1790 and 20-cv-01787 by Plaintiff Joshua Gess. (sphil, )
July 14, 2020 Opinion or Order Filing 18 ORDER This matter is before the Court on #16 Plaintiff's Motion for an Emergency Hearing on 1983 U.S.C. Bivens Action, which seeks an emergency hearing on Plaintiff's claims. Plaintiff previously filed #7 Motion for Emergency Hearing by Televideo or Phone, which among other things sought an "immediate hearing" on his claims. On 7/10/2020, the Court ordered Defendant United States Marshal Service to file its response to #7 Motion for Emergency Hearing by Televideo or Phone on or before 7/31/2020. The present motion thus is redundant of #7 Motion for Emergency Hearing by Televideo or Phone and thus is DENIED AS MOOT. The Court will consider any new factual allegations or legal arguments contained in the present motion in its consideration of #7 Motion for Emergency Hearing by Televideo or Phone. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/14/2020. Text Only Entry(stvlc1, )
July 14, 2020 Filing 17 MEMORANDUM regarding #16 MOTION for Hearing/Conference filed by Joshua Gess. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 7/14/2020. Text Only Entry (pabsec2)
July 13, 2020 Filing 19 NOTICE to court re: Separate Filings of new cases by Plaintiff Joshua Gess (sphil, )
July 13, 2020 Filing 15 CERTIFICATE of Service by Mail by Clerk of Court re 13 Minute Order, to Joshua Gess #45589-013, ENGLEWOOD, FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, 9595 WEST QUINCY AVENUE, LITTLETON, CO 80123. Text Only Entry (jgonz, )
July 10, 2020 Filing 16 MOTION for Emergency Hearing on 1983 USC Claim Bivens Action by Plaintiff Joshua Gess. (sphil, )
July 10, 2020 Filing 14 CERTIFICATE of Service by Clerk of Court re 13 Minute Order, #5 Prisoner Complaint for Service of Process. (Attachments: #1 USPS Certified Mail Receipt) (trvo, )
July 10, 2020 Opinion or Order Filing 13 MINUTE ORDER This matter is before the Court on #7 Plaintiff's Motion for Emergency Hearing (the "Motion"). Defendant United States Marshal Service shall file its response to the Motion on or before 7/31/2020. The Clerk of Court is directed to coordinate service of process, along with a copy of this Order, on the United States Marshal Service, and to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/10/2020. Text Only Entry (stvlc1, )
July 8, 2020 Opinion or Order Filing 12 MEMORANDUM regarding #7 MOTION for Order to filed by Joshua Gess. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 7/8/2020. Text Only Entry (pabsec2)
July 8, 2020 Opinion or Order Filing 11 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for all motions. 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, by Chief Judge Philip A. Brimmer on 7/8/2020. Text Only Entry (pabsec2)
July 7, 2020 Opinion or Order Filing 10 ORDER DRAWING CASE, by Magistrate Judge Gordon P. Gallagher on 07/07/2020. This case is directly assigned to Chief Judge Philip A. Brimmer. All future pleadings should be designated as 20-cv-01790-PAB. (athom, )
July 7, 2020 Opinion or Order Filing 9 ORDER Granting #6 Motion for Leave to Proceed Pursuant to 28 U.S.C. 1915. The Clerk of the Court shall send a copy of this Order to FLM/LegalSvcs~@bop.gov. By Magistrate Judge Gordon P. Gallagher on 07/07/2020. (athom, ) (emailed as ordered)
July 6, 2020 Filing 8 Account STATEMENT by Plaintiff Joshua Gess. (athom, )
July 1, 2020 Filing 7 MOTION for Hearing by Televideo or Phone by Plaintiff Joshua Gess. (athom, )
July 1, 2020 Filing 6 Prisoner Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Joshua Gess. (athom, )
July 1, 2020 Filing 5 Prisoner COMPLAINT against 10th Circuit District Court, USMS, filed by Joshua Gess. (athom, ) Modified on 7/7/2020 to correct event text (athom, ).
June 22, 2020 Opinion or Order Filing 4 ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES. If Applicant fails to cure the designated deficiencies within thirty (30) days from the date of this Order, the action will be dismissed without further notice. The dismissal shall be without prejudice. The Clerk of Court is directed to mail to Applicant, with a copy of this Order, one blank copy of the current Court-approved Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, Prisoners Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 in a Habeas Corpus Action, and applicable instructions. The Motion at ECF No. #1 is DENIED WITHOUT PREJUDICE as moot, because two 2241 actions have been opened for Applicant, and the Motion at ECF No. #3 is DENIED WITHOUT PREJUDICE as premature. By Magistrate Judge Gordon P. Gallagher on 06/22/2020. (athom, ) (forms mailed as ordered)
June 19, 2020 Filing 3 MOTION for Appointment of Counsel by Plaintiff Joshua Gess. (athom, )
June 17, 2020 Filing 2 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry (cmadr, )
June 17, 2020 Filing 1 MOTION for Order to Show Cause by Plaintiff Joshua Gess. (cmadr, )

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Plaintiff: Joshua Gess
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Defendant: 10th Circuit District Court
Represented By: Logan Ann Steiner
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Defendant: USMS
Represented By: Logan Ann Steiner
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