Faircloth v. CDOC et al
| James Arthur Faircloth |
| Jason Lengerich, Maul, Dean Williams, Jere Hammer and CDOC |
| 1:2020cv03202 |
| October 26, 2020 |
| US District Court for the District of Colorado |
| Gordon P Gallagher |
| Raymond P Moore |
| Scott T Varholak |
| Prisoner - Civil Rights (U.S. not a defendant) |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 23, 2021. A more recent docket listing may be available from PACER.
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| Filing 39 Memorandum of Law in Support of #38 MOTION for Appointment of Counsel by Plaintiff James Arthur Faircloth. (rvill, ) |
| Filing 38 Second (2nd) MOTION for Appointment of Counsel by Plaintiff James Arthur Faircloth. (Attachments: #1 Declaration, #2 Envelope)(rvill, ) |
Filing 37
ORDER: In light of Defendants notice of withdrawal #36 , their motion #35 is hereby withdrawn. Entered by Judge Raymond P. Moore on 12/23/2020. Text Only Entry (cpear)
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| Filing 36 LETTER re: #35 MOTION for Extension of Time to File Response/Reply as to #23 MOTION for Preliminary Injunction - Request to Withdraw Motion by Defendants CDOC, Jere Hammer, Jason Lengerich, Maul, Dean Williams. (Bueno, Gregory) |
| Filing 35 WITHDRAWN - MOTION for Extension of Time to File Response/Reply as to #23 MOTION for Preliminary Injunction by Defendants CDOC, Jere Hammer, Jason Lengerich, Maul, Dean Williams. (Bueno, Gregory) Modified on 12/23/2020 pursuant to the order 37 (cpear). |
| Filing 34 NOTICE of Entry of Appearance by Gregory Rojas Bueno on behalf of CDOC, Jere Hammer, Jason Lengerich, Maul, Dean WilliamsAttorney Gregory Rojas Bueno added to party CDOC(pty:dft), Attorney Gregory Rojas Bueno added to party Jere Hammer(pty:dft), Attorney Gregory Rojas Bueno added to party Jason Lengerich(pty:dft), Attorney Gregory Rojas Bueno added to party Maul(pty:dft), Attorney Gregory Rojas Bueno added to party Dean Williams(pty:dft) (Bueno, Gregory) |
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Filing 33
ORDER: The matter is before the Court on Plaintiff's motion #32 which, in effect, requests time to file a supplement to his pleading and a supplement or amendment to his motion for temporary restraining order ("TRO") and, concomitantly, the time for Defendants to respond to these filings be extended. Construing Plaintiff's filings liberally because he appears pro se, and because this case was recently filed and Defendants have been served but not yet appeared, the Court will grant the motion. Accordingly, it is ORDERED that (1) the motion #32 is GRANTED; (2) Plaintiff may supplement or amend his complaint and motion for TRO on or before December 28, 2020; and (3) Defendants' response to the complaint and pending motions are stayed until further order of the Court. SO ORDERED by Judge Raymond P. Moore on 12/22/2020. (Text Only Entry)(rmsec)
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| Filing 32 MOTION to Temporary Stay and Extend Defendants Response for Cause of Supplemental Filing by Plaintiff James Arthur Faircloth. (rvill, ) |
| Filing 31 CERTIFICATE of Service by Mail by Clerk of Court re 30 Minute Order, to James Arthur Faircloth, #62088, Buena Vista Correctional Complex-Minimum (BVMC), P.O. Box 2005, Buena Vista, CO 81211. Text Only Entry (jgonz, ) |
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Filing 30
MINUTE ORDER Due to a conflict on the Court's calendar, the Telephonic Scheduling Conference set for 1/26/2021 09:30 AM is VACATED and RESET for 2/23/2021 10:15 AM before Magistrate Judge Scott T. Varholak. The parties shall participate in the conference by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. The parties shall submit a joint Proposed Scheduling Order on or before 2/16/2021. The Clerk of Court is directed to mail a copy of this Minute Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/17/2020. Text Only Entry (stvlc1, )
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| Filing 29 CERTIFICATE of Service by E-Mail by Clerk of Court re #27 Combined MOTION and 28 Minute Order to AG.Corrections@coag.gov; mariah.cruz-nanio@coag.gov; nicole.gellar@coag.gov; Paul Schumaker; ryan.crane@coag.gov; and tiffiny.kallina@coag.gov. (rvill, ) |
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Filing 28
MINUTE ORDER: This matter is before the Court on Plaintiff's "Combined Motion, Sworn Declaration, and Memorandum in Support of Plaintiff's Request for Special Monitor" (the "Combined Motion") #27 ; request for a date-stamped copy of the Combined Motion to serve on Defendants; and request for a copy of his complaint. First, it is unclear to the Court why Plaintiff does not have a copy of his complaint or why he is asking for a copy now. Accordingly, this request is denied. Second, as to Plaintiff's request for a date-stamped copy of the Combined Motion, the Court will direct service of the Combined Motion on Defendants; therefore, Plaintiff's request is denied. Finally, the Court also ORDERS as follows: (1) the Clerk shall email Defendants a copy of the Combined Motion and this Order; and (2) Defendants shall respond to the Combined Motion within 21 days of the date of this Order. SO ORDERED by Judge Raymond P. Moore on 12/8/2020. (Text Only Entry) (rmsec )
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| Filing 27 Combined MOTION, Sworn Declaration and Memorandum in Support of Plaintiff's Request for Special Monitor by Plaintiff James Arthur Faircloth. (Attachments: #1 Affidavit)(rvill, ) |
| Filing 26 LETTER by Plaintiff James Arthur Faircloth. (rvill, ) |
| Filing 25 CERTIFICATE of Service by E-Mail by Clerk of Court re #24 Order to AG.Corrections@coag.gov; mariah.cruz-nanio@coag.gov; nicole.gellar@coag.gov; Paul Schumaker; ryan.crane@coag.gov; and tiffiny.kallina@coag.gov. (rvill, ) |
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Filing 24
ORDER. Plaintiff's Motion for Emergency T.R.O./Injunctive Relief (ECF No. #23 ) is DENIED as to his request for a TRO and DEFERRED as to his request for preliminary injunctive relief; and Plaintiff's Motion and Affidavit of Truth for a Hearing Forthwith (ECF No. #22 ) is DENIED as to his request for a hearing regarding his Motion for TRO but DEFERRED as to his request for a hearing regarding his Motion for Injunctive Relief; Defendants shall respond to the Motion for Injunctive Relief within 21 days of the date of this Order; and the Clerk shall forward a copy of this Order to Defendants and shall record this action in the docket. By Judge Raymond P. Moore on December 2, 2020. (rvill, )
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| Filing 23 MOTION for Emergency TRO/Injunctive Relief by Plaintiff James Arthur Faircloth. (evana, ) |
| Filing 22 MOTION and Affidavit of Truth for a Hearing Forthwith by Plaintiff James Arthur Faircloth. (evana, ) (Modified on 11/27/2020 Attached corrected PDF)(evana, ). |
| Filing 21 NOTICE of Conferral with Colorado Attorney General's Office Pursuant to Judge's Standards & D.C.Colo.LCivR 7.1 by Plaintiff James Arthur Faircloth (rvill, ) |
| Filing 20 NOTICE of Certain Definitions by Plaintiff James Arthur Faircloth (rvill, ) |
| Filing 19 CERTIFICATE of Service by mail by Clerk of Court re #18 to James Arthur Faircloth #62088 Buena Vista Correctional Complex-Minimum (BVMC) P.O. Box 2005 Buena Vista, CO 81211. Text Only Entry (cmadr, ) |
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Filing 18
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 13 November 2020. Proposed Scheduling Order due 1/19/2021. Scheduling Conference set for 1/26/2021 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties shall participate in the conference by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. (cmadr, )
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| Filing 17 CERTIFICATE of Service by mail by Clerk of Court re #16 to James Arthur Faircloth #62088 Buena Vista Correctional Complex-Minimum (BVMC) P.O. Box 2005 Buena Vista, CO 81211. Text Only Entry (cmadr, ) |
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Filing 16
ORDER denying #3 and #4 by Magistrate Judge Scott T. Varholak on 13 November 2020.(cmadr, )
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| Filing 15 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff James Arthur Faircloth. Signed by Plaintiff only. (rvill, ) |
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Filing 14
ORDER: This matter is before the Court on Plaintiff's request for copies of the Civil Practice Standards; this District's Local Rules; and the Federal Rules of Civil Procedure ("Federal Rules"). The Court does not usually provide paper copies of such documents but will in this instance as to the Civil Practice Standards and Local Rules. A copy of the Federal Rules will not be provided. Accordingly, it is ORDERED that (1) Plaintiff's motion #13 is granted in part and denied in part; and (2) a copy of this Court's Civil Practice Standards and the Local Rules shall be mailed to Plaintiff. SO ORDERED by Judge Raymond P. Moore on 11/10/2020. (Text Only Entry)(rmsec )
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| Filing 13 REQUEST for Court & Judge's Rules by Plaintiff James Arthur Faircloth. (rvill, ) |
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Filing 12
MEMORANDUM regarding #4 MOTION for Order to filed by James Arthur Faircloth, #3 MOTION to Appoint Counsel filed by James Arthur Faircloth. Motions referred to Magistrate Judge Scott T. Varholak. By Judge Raymond P. Moore on 10/30/2020. (Text Only Entry) (rmsec)
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Filing 11
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 10/30/2020. (Text Only Entry) (rmsec)
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Filing 10
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. By Judge Raymond P. Moore on 10/30/2020. (Text Only Entry) (rmsec )
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| Filing 9 WAIVER OF SERVICE Returned Executed CDOC waiver sent on 10/29/2020, answer due 12/28/2020; Jere Hammer waiver sent on 10/29/2020, answer due 12/28/2020; Jason Lengerich waiver sent on 10/29/2020, answer due 12/28/2020; Maul waiver sent on 10/29/2020, answer due 12/28/2020; Dean Williams waiver sent on 10/29/2020, answer due 12/28/2020. (rvill, ) |
| Filing 8 CERTIFICATE of Service by Clerk of Court re #1 Complaint for Service of Process. (jsalz, ) |
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Filing 7
ORDER ASSIGNING CASE. Upon completion of the Court's review pursuant to D.C.COLO.LCivR 8.1(b), the Court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be assigned to District Judge Raymond P. Moore and to Magistrate Judge Scott. T. Varholak. See D.C.COLO.LCivR 40.1(c)(1). Accordingly, it is ORDERED that this case shall be assigned to District Judge Raymond P. Moore and to Magistrate Judge Scott T. Varholak, by Magistrate Judge Gordon P. Gallagher on 10/29/2020. (evana, )
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Filing 6
ORDER 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'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). Interference by Plaintiff in the submission of these funds will result in the dismissal of this action. That the Clerk of the Court shall send a copy of this Order to DOC_inmateaccounts@state.co.us., by Magistrate Judge Gordon P. Gallagher on 10/27/2020. (mailed as ordered)(evana, )
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| Filing 5 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (jtorr, ) |
| Filing 4 Plaintiff's MOTION Requesting Court to Consider in Preliminary- Motion to Appoint Counsel by Plaintiff James Arthur Faircloth. (jtorr, ) |
| Filing 3 Prisoner MOTION for Appointment of Counsel by Plaintiff James Arthur Faircloth. (jtorr, ) |
| Filing 2 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 by Plaintiff James Arthur Faircloth. (jtorr, ) |
| Filing 1 PRISONER COMPLAINT against CDOC, Jere Hammer, Jason Lengerich, Maul, Dean Williams, filed by James Arthur Faircloth. (Attachments: #1 Envelope)(jtorr, ) |
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