Burnham v. City and County of Denver et al
| Arthur Burnham |
| City and County of Denver and State of Colorado |
| 1:2022cv00865 |
| April 11, 2022 |
| 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 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 1, 2022. A more recent docket listing may be available from PACER.
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| Filing 16 JUDGMENT by Clerk re: #15 Order on 06/01/2022. (sdunb, ) |
Filing 15
ORDER. It is ORDERED that the #11 Recommendation of United States Magistrate Judge is accepted and adopted. It is FURTHER ORDERED that the Prisoner Complaint is DISMISSED WITHOUT PREJUDICE pursuant to Rule 8 of the Federal Rules of Civil Procedure and pursuant to the Younger abstention doctrine; and that the claims against Defendant State of Colorado are DISMISSED WITHOUT PREJUDICE as barred by Eleventh Amendment immunity. It is FURTHER ORDERED that leave to proceed in forma pauperis on appeal is DENIED WITHOUT PREJUDICE to the filing of a motion seeking leave to proceed in forma pauperis on appeal in the United States Court of Appeals for the Tenth Circuit. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this dismissal would not be taken in good faith. It is FURTHER ORDERED that any pending motions are DENIED as moot. By Judge Lewis T. Babcock on 06/01/2022.(sdunb, )
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| Filing 14 Mail Returned as Undeliverable re: #11 Recommendation of United States Magistrate Judge Addressed to Arthur Burnham. (trvo, ) |
| Filing 13 Mail Returned as Undeliverable re: #10 Order Referring Case to Magistrate Judge Addressed to Arthur Burnham. (trvo, ) |
| Filing 12 Mail Returned as Undeliverable re: #9 Minute Order Addressed to Arthur Burnham. (trvo, ) |
| Filing 11 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. This Court respectfully recommends that the Prisoner Complaint be dismissed without prejudice for failure to comply with Rule 8. This Court further recommends that the Prisoner Complaint be dismissed without prejudice based on the Younger abstention doctrine. Finally, this Court recommends that the claims against Defendant State of Colorado be dismissed without prejudice as barred by Eleventh Amendment immunity. By Magistrate Judge Gordon P. Gallagher on 05/13/2022. (sdunb, ) |
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Filing 10
ORDER OF REFERENCE to United States Magistrate Judge Gordon P. Gallagher by Judge Lewis T. Babcock on 05/12/2022. All future pleadings should be designated as 22-CV-00865-LTB-GPG. (sdunb, )
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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 05/12/2022. (sdunb, )
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Filing 8
ORDER DIRECTING PLAINTIFF TO FILE AMENDED PRISONER COMPLAINT, within thirty (30) days from the date of this Order, an Amended Prisoner Complaint as directed in this Order. It is FURTHER ORDERED that Plaintiff shall obtain and utilize the Court-approved Prisoner Complaint form (with the assistance of his case manager or the facility's legal assistant), along with the applicable instructions, at www.cod.uscourts.gov. It is FURTHER ORDERED that, if Plaintiff 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 04/12/2022. (sdunb, )
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Filing 7
ORDER granting #5 Leave to Proceed Pursuant to 28 U.S.C. 1915, by Magistrate Judge Gordon P. Gallagher on 04/11/2022. [Copy mailed to Inmate Accounts] (sdunb, )
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| Filing 6 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry (norlin, ) |
| Filing 5 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Arthur Burnham. (norlin, ) |
| Filing 4 LETTER re: Due Diligence by Plaintiff Arthur Burnham. (norlin, ) |
| Filing 3 LETTER re: Inspirational Thouhgts by Plaintiff Arthur Burnham. (norlin, ) |
| Filing 2 Plaintiff's MOTION for a Three Judge Court by Plaintiff Arthur Burnham. (norlin, ) |
| Filing 1 PRISONER COMPLAINT against City and County of Denver, State of Colorado, filed by Arthur Burnham. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(norlin, ) Modified on 4/11/2022 to correct docket text (norlin, ). |
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