Kershaw et al v. Governers Office et al
| Tyler James Nelson and Kem Fredrick Kershaw |
| Governers Office, Sherriffs Office and Mayors Office |
| 1:2020cv03502 |
| November 25, 2020 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Daniel D Domenico |
| Gordon P Gallagher |
| Prisoner - Civil Rights (U.S. not a defendant) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on January 20, 2021. A more recent docket listing may be available from PACER.
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Filing 51
ORDER REFERRING MOTION: #49 Motion for Order filed by Kem Fredrick Kershaw. Motion referred to Magistrate Judge S. Kato Crews by Judge Daniel D. Domenico on 1/20/2021. Text Only Entry (dddlc1, )
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| Filing 50 Ex Parte MOTION for a Prohibitory Injunction and Order of Protection with Restorative Justice and Punitive Damages by Plaintiff Kem Fredrick Kershaw. (rvill, ) |
| Filing 49 LETTER by Plaintiff Kem Fredrick Kershaw. (rvill, ) Modified on 1/20/2021 to correct event (athom, ). |
| Filing 48 Mail Returned as Undeliverable re: #31 Order on Motion for Leave to Proceed in Forma Pauperis Addressed to Kem Fredrick Kershaw. (athom, ) |
| Filing 47 Mail Returned as Undeliverable re: 25 Order Referring Motion, #26 MOTION for Extension of Time to Addressed to Tyler James Nelson. (athom, ) |
| Filing 46 Mail Returned as Undeliverable re: #22 MOTION to Amend/Correct/Modify #1 Complaint Addressed to Kem Fredrick Kershaw. (athom, ) |
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Filing 45
ORDER REFERRING MOTION: #44 Motion for Court Appointment of Pro Bono Paralegal Assistance filed by Kem Fredrick Kershaw. Motion referred to Magistrate Judge S. Kato Crews by Judge Daniel D. Domenico on 1/13/2021. Text Only Entry (dddlc1, )
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| Filing 44 MOTION to Appoint Pro Bono Counsel by Plaintiff Kem Fredrick Kershaw. (evana, ) |
| Filing 43 CERTIFICATE of Service by Mail by Clerk of Court re 21 Order Referring Motion, 25 Order Referring Motion, 28 Minute Order, 29 Order on Motion to Amend/Correct/Modify, Order on Motion for Extension of Time to File, Order on Motion for Order, 30 Terminated Party, #31 Order on Motion for Leave to Proceed in Forma Pauperis, and 33 Order RESENT to: Kem Fredrick Kershaw #A00102214, El Paso County Criminal Justice Center, 2739 East Las Vegas Street, Colorado Springs, CO 80906 pursuant to 42 Minute Order. Text Only Entry (athom, ) |
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Filing 42
MINUTE ORDER. Several documents that the court has mailed to Plaintiff Kem Fredrick Kershaw have been returned as undeliverable because Mr. Kershaw's Admit Number was not included on the envelope. The Clerk of Court is directed to update Mr. Kershaw's address of record to include his Admit Number, A00102214, and to resend Docs. 21, 25, 28, 29, 30, 31, and 33 to Mr. Kershaw, along with the materials that Magistrate Judge Crews directed be provided to Mr. Kershaw [see Doc. 33] and a copy of this Order. Several documents that the court has mailed to Plaintiff Tyler James Nelson have been returned as undeliverable for the same reason, but Mr. Nelson's Admit Number does not appear anywhere in the record, so the court is unable to update Mr. Nelson's address and resend any documents to him at this time. The court notes, however, that Mr. Nelson's claims have been dismissed from this case without prejudice [see Doc. 29]. SO ORDERED by Judge Daniel D. Domenico on 1/13/2021. Text Only Entry (dddlc1, )
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| Filing 41 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #38 Defendant's Response to Plaintiff's Motion for Emergency Injunction. The document does not contain a certification of compliance with the type-volume limitations set forth in Judge Domenico's Practice Standards. Because the document is within the word limits set forth in the Practice Standards, Defendant need not refile the document. DO NOT REFILE THE DOCUMENT. Action to take - future documents must contain a certificate of compliance pursuant to DDD Civ. P.S. III(A)(4). (Text Only Entry) (dddlc1, ) |
| Filing 40 Mail Returned as Undeliverable re: #22 MOTION to Amend/Correct/Modify #1 Complaint, 28 Minute Order, 29 Order on Motion to Amend/Correct/Modify,, Order on Motion for Extension of Time to File, Order on Motion for Order, 30 Terminated Party, Addressed to Tyler James Nelson. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document) (athom, ) |
| Filing 39 Mail Returned as Undeliverable re: #23 MOTION for Order to, #24 MOTION for Order, 25 Order Referring Motion, #27 MOTION for Order to, 28 Minute Order, 29 Order on Motion to Amend/Correct/Modify, Order on Motion for Extension of Time to File, Order on Motion for Order, 30 Terminated Party, Addressed to Kem Fredrick Kershaw. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document, #3 Continuation of Main Document) (athom, ) |
| Filing 38 RESPONSE to #23 MOTION for Order to Plaintiff's Motion for Emergency Injunction filed by Defendant Sherriffs Office. (Whitney, Nathan) |
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Filing 37
ORDER REFERRING MOTION: #35 Motion for Order filed by Kem Fredrick Kershaw. Motion referred to Magistrate Judge S. Kato Crews by Judge Daniel D. Domenico on 1/12/2021. Text Only Entry (dddlc1, )
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| Filing 36 MOTION for Exspansion of Time by Plaintiff Kem Fredrick Kershaw. (athom, ) |
| Filing 35 Letter by Plaintiff Kem Fredrick Kershaw. (athom, ) |
| Filing 34 Mail Returned as Undeliverable re: #17 Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915., #16 MOTION to Amend/Correct/Modify #1 Complaint, #15 MOTION for Order to Addressed to Kem Fredrick Kershaw. (athom, ) |
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Filing 33
ORDER GRANTING IN PART and DENYING IN PART #8 , #11 , #18 , #24 : Before the Court are multiple motions requesting copies of forms, rules, pleadings, and more. This Court cannot be a source of free copies for inmates or other pro se parties. Therefore, Plaintiff's request for "court-approved forms" is DENIED. The Court further observes, Plaintiff has successfully crafted his own forms form for various of his motions, and he may continue to do so. In addition, Plaintiff's request for forms related to service of process are unnecessary because he has been given leave to proceed in form pauperis. In such cases, the Court will bear the cost of serving pleadings, so long as Plaintiff has provided appropriate contact information for each Defendant. Thus, this request is also DENIED. The Court will, however, send to Plaintiff ONE copy of his Complaint and ONE copy of the Prisoner Complaint form. In addition, the Court will also send to Plaintiff a copy of the Federal Rules of Civil Procedure, the Local Rules, and the practice standards of the two judicial officers presiding over this case. Any request for Rule of Evidence is premature. Under no circumstance will the Court provide further copies of these documents. By Magistrate Judge S. Kato Crews on 1/11/2021. Text Only Entry(skclc1)
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| Filing 32 Mail Returned as Undeliverable re: 21 Order Referring Motion Addressed to Kem Fredrick Kershaw. (athom, ) |
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Filing 31
ORDER Granting #17 Motion for Leave to Proceed Under 28 U.S.C. 1915. By Judge Daniel D. Domenico on 01/04/2021. (athom, ) (mailed as ordered to facility)
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| Filing 30 Plaintiff Tyler James Nelson terminated pursuant to 29 Order. Text Only Entry (dddlc1, ) |
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Filing 29
ORDER DENYING #26 Motion for Extension to Cure Deficiencies filed by Plaintiff Tyler James Nelson. All claims asserted by Mr. Nelson in this action are DISMISSED WITHOUT PREJUDICE. Mr. Nelson may, if he wishes, refile his claims in a separate action. #16 Motion to Amend Original Filing Document and #27 Motion for Order Granting Plaintiffs In-Person Collaboration are DENIED AS MOOT. SO ORDERED by Judge Daniel D. Domenico on 1/4/2021. Text Only Entry (dddlc1, )
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Filing 28
MINUTE ORDER. Defendant Sherriffs Office shall respond to #27 Motion for Order Granting Plaintiffs in Person Collaboration on or before 1/7/2021. Defendant Sherriffs Office shall respond to #23 Motion for Emergency Injunction on or before 1/12/2021, and Plaintiff Kem Fredrick Kershaw may file a reply in support of his motion for injunction on or before 1/22/2021. SO ORDERED by Judge Daniel D. Domenico on 12/31/2020. Text Only Entry (dddlc1, )
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| Filing 27 MOTION for Order Granting Plaintiffs in Person Collaboration by Plaintiff Kem Fredrick Kershaw. (athom, ) |
| Filing 26 MOTION Request for Extension to Cure Deficiencies by Plaintiff Tyler James Nelson. (athom, ) |
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Filing 25
ORDER REFERRING MOTION: #24 Motion for Order to filed by Kem Fredrick Kershaw. Motion referred to Magistrate Judge S. Kato Crews by Judge Daniel D. Domenico on 12/31/2020. Text Only Entry (dddlc1, )
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| Filing 24 Letter by Plaintiff Kem Fredrick Kershaw. (athom, ) |
| Filing 23 MOTION for Emergency Injunction by Plaintiff Kem Fredrick Kershaw. (athom, ) |
| Filing 22 MOTION to Amend and Replace Original Filed #1 Complaint in Compliance With Court Order by Plaintiffs Kem Fredrick Kershaw, Tyler James Nelson. (Attachments: #1 Proposed Document Amended Prisoner Complaint) (athom, ) |
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Filing 21
ORDER REFERRING MOTION: #18 Motion for Order to filed by Kem Fredrick Kershaw. Motion referred to Magistrate Judge S. Kato Crews by Judge Daniel D. Domenico on 12/21/2020. Text Only Entry (dddlc1, )
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| Filing 20 NOTICE of Entry of Appearance by Nathan James Whitney on behalf of Sherriffs OfficeAttorney Nathan James Whitney added to party Sherriffs Office(pty:dft) (Whitney, Nathan) |
| Filing 19 NOTICE of Entry of Appearance by Bryan E. Schmid on behalf of Sherriffs OfficeAttorney Bryan E. Schmid added to party Sherriffs Office(pty:dft) (Schmid, Bryan) |
| Filing 18 Letter by Plaintiff Kem Fredrick Kershaw. (athom, ) |
| Filing 17 Prisoner Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 by Plaintiff Kem Fredrick Kershaw. (athom, ) |
| Filing 16 Prisoner's MOTION to Amend Original Filing Document re #1 Complaint by Plaintiff Kem Fredrick Kershaw. (athom, ) |
| Filing 15 Prisoner's MOTION for Partial Curing of Court Ordered Deficiencies by Plaintiff Kem Fredrick Kershaw. (athom, ) |
| Filing 14 Mail Returned as Undeliverable re: #5 Certificate of Service Addressed to Tyler James Nelson. (athom, ) |
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Filing 13
ORDER Granting Motion to Appoint Pro Bono Counsel. Plaintiff Kershaw's Prisoner Motion for Appointment of Counsel [Doc. #10 ] is GRANTED. The Clerk of Court is directed to select an attorney from the Civil Pro Bono Panel with relevant subject matter preference or expertise to represent Plaintiffs Kem Fredrick Kershaw and Tyler James Nelson in this action. By Judge Daniel D. Domenico on 12/15/2020. (athom, )
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Filing 12
ORDER REFERRING MOTION: #11 Motion for Order filed by Kem Fredrick Kershaw. Motion referred to Magistrate Judge S. Kato Crews by Judge Daniel D. Domenico on 12/15/2020. Text Only Entry (dddlc1, )
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| Filing 11 Letter by Plaintiff Kem Fredrick Kershaw. (athom, ) |
| Filing 10 Prisoner MOTION for Appointment Counsel by Plaintiff Kem Fredrick Kershaw. (athom, ) |
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Filing 9
ORDER REFERRING MOTION: #8 Motion for Order filed by Kem Fredrick Kershaw. Motion referred to Magistrate Judge S. Kato Crews by Judge Daniel D. Domenico on 12/11/2020. Text Only Entry (dddlc1, )
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| Filing 8 Letter by Plaintiff Kem Fredrick Kershaw. (athom, ) |
| Filing 7 WAIVER OF SERVICE Returned Executed. Sherriffs Office waiver sent on 12/2/2020, answer due 1/31/2021. (athom, ) |
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Filing 6
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. 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 Local Civ. R. 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 hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 12/4/2020. Text Only Entry (dddlc1, )
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| Filing 5 CERTIFICATE of Service on Defendant Sheriff's Office by Clerk of Court re #1 Complaint (cpomm, ) |
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Filing 4
ORDER DRAWING CASE. After 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. This Case is randomly reassigned to Judge Daniel D. Domenico and drawn to Magistrate Judge S. Kato Crews for all further proceedings, by Magistrate Judge Gordon P. Gallagher on 12/1/2020. (evana, )
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Filing 3
ORDER DIRECTING PLAINTIFFS TO CURE DEFICIENCIES within thirty (30) days from the date of this order. Any papers that Plaintiffs file in response to this order must include the civil action number on this order. That, if Plaintiffs fail to cure all of 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, by Magistrate Judge Gordon P. Gallagher on 11/30/2020. (evana, )
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| Filing 2 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (jtorr, ) |
| Filing 1 PRISONER COMPLAINT against Governers Office, Mayors Office, Sherriffs Office, filed by Kem Fredrick Kershaw, Tyler James Nelson. (Attachments: #1 Certificate of Indigent Status, #2 Envelope)(jtorr, ) |
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