Miller v. Executive Director of CDOC et al
Plaintiff: Marc Miller and Mark J. Miller
Defendant: Executive Director of CDOC and Warden of Sterling Correctional Facility
Case Number: 1:2020cv01935
Filed: July 1, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Lewis T Babcock
Referring Judge: Gordon P Gallagher
Nature of Suit: Prisoner - Civil Rights (U.S. not a defendant)
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 24, 2020 Opinion or Order Filing 13 MINUTE ORDER by Magistrate Judge Gordon P. Gallagher on August 24, 2020. Plaintiff's letter (ECF No. #12 ) requesting an extension of time to cure the designated deficiencies in this action is GRANTED as follows. On July 6, 2020, the Court entered an Order Directing Plaintiff to File Amended Prisoner Complaint (ECF No. #7 ). Plaintiff did not file an amended pleading as directed within the time allowed. On August 13, 2020, the Court entered a Recommendation of United States Magistrate Judge (ECF No. #11 ) recommending that the action be dismissed without prejudice because the state court complaint did not comply with Rule 8 of the Federal Rules of Civil Procedure.Plaintiff will be allowed twenty-one (21) days from the date of this minute order in which to file any written objections to the August 13, 2020 Recommendation and file an amended Prisoner Complaint as directed in the July 6, 2020 Order. (Copies mailed as Ordered) (rvill, )
August 20, 2020 Filing 12 LETTER re Extension of Time by Plaintiff Mark J. Miller. (rvill, ) Modified to correct file date on 8/24/2020 (rvill, ).
August 13, 2020 Filing 11 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. This Magistrate Judge respectfully RECOMMENDS that the action be dismissed without prejudice for failure to comply with Rule 8 of the Federal Rules of Civil Procedure. By Magistrate Judge Gordon P. Gallagher on August 13, 2020. (rvill, )
August 13, 2020 Opinion or Order Filing 10 ORDER OF REFERENCE to United States Magistrate Judge Gordon P. Gallagher by Judge Lewis T. Babcock on August 13, 2020. (rvill, )
August 12, 2020 Opinion or Order Filing 9 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 August 12, 2020. (rvill, )
July 10, 2020 Filing 8 RESPONSE to #1 Notice of Removal and Statement of Receipt of Said Notice by Plaintiff Mark J. Miller. (rvill, )
July 6, 2020 Opinion or Order Filing 7 ORDER Directing Plaintiff to File Amended Prisoner Complaint. ORDERED that Mr. Miller file, within thirty (30) days from the date of this order, an amended prisoner complaint as directed in this order. If Mr. Miller fails to file an amended prisoner complaint that complies with this order within the time allowed, the action will be dismissed without further notice. By Magistrate Judge Gordon P. Gallagher on 07/06/2020. (rvill, )
July 1, 2020 Filing 6 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (jtorr, )
July 1, 2020 Filing 5 STATE COURT ORDER RE: Defendants' Motion for Extension of Time to File Answer or Otherwise Respond to the Complaint. Signed by Stephanie M G Gagliano, Logan County District Court Judge on 06/24/2020. (jtorr, )
July 1, 2020 Filing 4 RETURN of Service of Summons and Complaint, Civil Case Cover Sheet upon Executive Director of CDOC on 6/22/2020. (jtorr, )
July 1, 2020 Filing 3 STATE COURT ORDER Re: Completion of Service by Plaintiff Mark J. Miller. Signed by Stephanie M G Gagliano, Logan County District Court Judge on 05/22/2020. (jtorr, )
July 1, 2020 Filing 2 LETTER Re: Marc Joseph Miller v. CO. Dpt. of Corrections by Plaintiff Mark J. Miller. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document)(jtorr, )
July 1, 2020 Filing 1 NOTICE OF REMOVAL by Executive Director of CDOC from 13th Judicial District Court, Logan County, Case Number 20cv30. (Filing fee $ 400, Receipt Number 1082-7368153), filed by Executive Director of CDOC. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Addition to Complaint, #3 Exhibit C-1 - State Court Civil Cover Sheet, #4 Exhibit C-2 - State Court Complaint, #5 Exhibit C-3 - State Court Letter to Plaintiff, #6 Exhibit C-4 - State Court Motion to Complete, #7 Exhibit C-5 - State Court Motion to Testify, #8 Exhibit C-6 - State Court Notice to Set, #9 Exhibit C-7 - State Court Order Re Motion, #10 Exhibit C-8 - State Court Proposed Order, #11 Exhibit C-9 - State Court Statement of Complaint, #12 Exhibit C-10 - State Court Order, #13 Exhibit C-11 - State Court Order, #14 Exhibit C-12 - State Court Email Receipt, #15 Exhibit C-13 - State Court Proposed Order, #16 Exhibit C-14 - State Court Order, #17 Exhibit C-15 - State Court Letter re Service, #18 Exhibit C-16 - State Court Motion, #19 Exhibit C-17 - State Court Request, #20 Exhibit C-18 - State Court Order, #21 Exhibit C-19 - State Court Addresses by Plaintiff, #22 Exhibit C-20 - State Court Letter, #23 Exhibit C-21 - State Court Letter, #24 Exhibit C-22 - State Court Letter, #25 Exhibit C-23 - State Court Summons, #26 Exhibit C-24 - State Court Summons, #27 Exhibit C-25 - State Court Summons, #28 Exhibit C-26 - State Court Letter, #29 Exhibit C-27 - State Court Motion to Omit, #30 Exhibit C-28 - State Court Request and Motion, #31 Exhibit C-29 - State Court Emailed Receipt, #32 Exhibit C-30 - State Court Return of Service, #33 Exhibit C-31 - State Court Return of Service, #34 Exhibit C-32 - State Court Defs MXT, #35 Exhibit C-33 - State Court Order, #36 Exhibit C-34 - State Court Email, #37 Exhibit C-35 - State Court Order, #38 Exhibit C-36 - State Court Motion, #39 Exhibit D - State Court Register of Actions, #40 Civil Cover Sheet E - District Court Civil Cover Sheet)(Bauer, Scott)

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Plaintiff: Marc Miller
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Plaintiff: Mark J. Miller
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Defendant: Executive Director of CDOC
Represented By: Scott Robert Bauer
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Defendant: Warden of Sterling Correctional Facility
Represented By: Scott Robert Bauer
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