Everett v. Bollinger-Everett
| Andrew Derek Everett |
| No Named Defendant and Mandy Rae Bollinger-Everett |
| 1:2022cv01133 |
| May 5, 2022 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| S Kato Crews |
| Gordon P Gallagher |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 19 MEMORANDUM regarding #18 MOTION to Dismiss filed by Mandy Rae Bollinger-Everett. Motion referred to Magistrate Judge S. Kato Crews, by Chief Judge Philip A. Brimmer on 7/01/2022. Text Only Entry (pabsec, ) |
| Filing 18 MOTION to Dismiss by Defendant Mandy Rae Bollinger-Everett. (sphil, ) |
| Filing 17 CERTIFICATE of Service by Mail by Clerk of Court re 16 Order on Motion for Extension of Time to File, to Andrew Derek Everett 3278 South Wadsworth Boulevard Unit 1-138 Lakewood, CO 80227. Text Only Entry (csarr, ) |
Filing 16
ORDER granting in part and denying in part #14 Motion for Extension of Time. Plaintiff indicates he needs more time to "gather documents." The Court will GRANT in part and DENY in part this Motion. Specifically, Plaintiff has until 7-15-2022 to respond to the Court's Show Cause Order [Dkt. 13.] No further extensions of time will be granted. Failure to provide a response to the Court's Show Cause Order may result in the Court recommending dismissal of this case. SO ORDERED by Magistrate Judge S. Kato Crews on 6-29-2022. Text Only Entry (skclc2).
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| Filing 15 MEMORANDUM regarding #14 MOTION for Extension of Time to filed by Andrew Derek Everett. Motion referred to Magistrate Judge S. Kato Crews, by Chief Judge Philip A. Brimmer on 6/29/2022. Text Only Entry (pabsec, ) |
| Filing 14 More Time Required by Plaintiff Andrew Derek Everett. (sphil, ) |
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Filing 13
ORDER TO SHOW CAUSE RETURNABLE BY PLAINTIFF. In anticipation of the Rule 16 pretrial conference, the Court takes up this matter sua sponte. A federal court must satisfy itself as to its jurisdiction, even if doing so requires sua sponte action. Citizens Concerned for Separation of Church & State v. City & Cnty. of Denver, 628 F.2d 1289, 1297 (10th Cir. 1980). Federal courts are courts of limited jurisdiction, possessing only that power authorized by the Constitution and statute. Caballero v. Fuerzas Armadas Revolucionarias de Colombia, 945 F.3d 1270, 1273 (10th Cir. 2019). The party invoking a federal court's jurisdiction bears the burden of establishing subject-matter jurisdiction. Id. A court lacking jurisdiction cannot render judgment but must dismiss the cause at any stage of the proceedings in which it becomes apparent that jurisdiction is lacking. Id. Here, while Plaintiff alleges that this matter arises out of Executive Order 13798 Section 4, 82 Federal Regulation 21675, and Article 1 of the Bill of Rights, the case pertains to the dissolution of marriage pending in Colorado state court, which the Court has no jurisdiction over. Accordingly, it is ORDERED that Plaintiff shall show cause as to why the Court should not recommend this matter be dismissed, with prejudice for lack of subject matter jurisdiction. Plaintiffs response to the show cause order is due no later than 7-1-2022. SO ORDERED by Magistrate Judge S. Kato Crews on 6-23-2022. Text Only Entry (skclc2).
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| Filing 12 SUMMONS Returned Executed by Andrew Derek Everett. Mandy Rae Bollinger-Everett served on 6/10/2022, answer due 7/1/2022. (sphil, ) |
| Filing 11 Letter from Clerk of Court re: Service of Process of #5 Amended Complaint. (Attachments: #1 Summons, #2 Federal Civil Rule 4, #3 Magistrate Judge Consent Form) (sphil, ) |
| Filing 10 Exhibit I to #7 Exhibits by Plaintiff Andrew Derek Everett. (athom, ) |
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Filing 9
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews 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 5/26/2022. Text Only Entry. (sphil, )
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Filing 8
ORDER Drawing Case, by Magistrate Judge Gordon P. Gallagher on 5/26/2022. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to S. Kato Crews for all further proceedings. All future pleadings should be designated as 22-cv-1133-PAB (angar, )
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| Filing 7 Exhibits, by Plaintiff Andrew Derek Everett. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(angar, ) |
| Filing 6 Testimony in the Form of an Affidavit of Truth, by Plaintiff Andrew Derek Everett. (angar, ) |
| Filing 5 AMENDED COMPLAINT against Mandy Rae Bollinger-Everett, filed by Andrew Derek Everett.(angar, ) |
| Filing 4 Filing fee: $ 402.00, receipt number COX103250. (agarc, ) |
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Filing 3
ORDER Directing Plaintiff to Cure Deficiencies. If Plaintiff fails 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 5/10/2022. (angar, )
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| Filing 2 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (jtorr, ) |
| Filing 1 NOTICE of Appearance by Plaintiff Andrew Derek Everett. (jtorr, ) |
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