Hardy v. Adams County et al
| Ralph Marcus Hardy |
| Adams County, Richard Reignborn, Robie, Overmyer, Rabie, Deherrera and Sergio Palomares |
| 1:2022cv02843 |
| October 27, 2022 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Prisoner - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 33 SUMMONS Returned Executed Overmyer served on 12/7/2022, answer due 12/28/2022. (csarr, ) |
Filing 32
MINUTE ORDER granting the #31 Motion for Extension of Time for Defendant Overmyer to Answer or Otherwise Respond to the Complaint. Defendant Overmyer shall answer or otherwise respond to the #22 Amended Complaint on or before 1/9/2023. By Magistrate Judge Maritza Dominguez Braswell on 12/19/2022. Text Only Entry(mdblc1)
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| Filing 31 MOTION for Extension of Time to File Answer or Otherwise Respond re #22 Amended Complaint by Defendant Overmyer. (Sink, Michael) |
| Filing 30 CERTIFICATE of Service by Mail by Clerk of Court re 29 MINUTE ORDER, to Ralph Marcus Hardy #21-7798 Adams County Detention Facility (ACDF) P.O. Box 5001 150 North 19th Avenue Brighton, CO 80601. Text Only Entry (csarr, ) |
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Filing 29
MINUTE ORDER denying #28 Plaintiff's Request for Discovery Materials. To that extent that Plaintiff is seeking to obtain initial disclosures from Defendants, the initial case deadlines have not been set, a scheduling order has not been entered, and discovery has not yet commenced. Plaintiff is advised that any further motions seeking discovery WILL BE DENIED until such time as a scheduling order has been entered and discovery has commenced. The Clerk is directed to send a copy of this Minute Order, marked as legal mail, to the following: Ralph Marcus Hardy, #21-7798, Adams County Detention Facility (ACDF), P.O. Box 5001, 150 North 19th Avenue, Brighton, CO 80601. SO ORDERED by Magistrate Judge Maritza Dominguez Braswell on 12/15/2022. Text Only Entry(mdblc1)
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| Filing 28 Plaintiff's Request for Discovery Materials by Plaintiff Ralph Marcus Hardy. (csarr, ) |
| Filing 27 CERTIFICATE of Service by Mail by Clerk of Court re 24 Minute Order and 26 Minute Order, to Ralph Marcus Hardy #21-7798 Adams County Detention Facility (ACDF) P.O. Box 5001 150 North 19th Avenue Brighton, CO 80601. Text Only Entry (csarr, ) |
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Filing 26
MINUTE ORDER STRIKING the #25 Notice of Amended Pleading by Plaintiff. To the extent that Plaintiff seeks to assert claims against Deherrera, he must file a motion to amend that complies with Fed. R. Civ. P. 15 and D.C.COLO.LCivR 15.1, which names Deherrera as a defendant. All of Plaintiff's claims and parties must be found within the same complaint. A plaintiff can not incorporate previous pleadings by reference. See Mink v. Suthers, 482 F.3d 1244, 1254 (10th Cir. 2007) (stating that an amended complaint supersedes an original complaint and renders the original complaint without legal effect) (internal quotations and citations omitted). Plaintiff's pro se status does not entitle him to an application of different rules. See Montoya v. Chao, 296 F.3d 952, 957 (10th Cir. 2002). The Clerk is directed to send a copy of this Minute Order, marked as legal mail, to the following: Ralph Marcus Hardy, #21-7798, Adams County Detention Facility (ACDF), P.O. Box 5001, 150 North 19th Avenue, Brighton, CO 80601. By Magistrate Judge Maritza Dominguez Braswell on 12/15/2022. Text Only Entry (mdblc1)
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| Filing 25 STRICKEN NOTICE of Amended Pleading by Plaintiff Ralph Marcus Hardy (cmadr, ) Modified pursuant 26 on 12/15/2022 (csarr, ). |
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Filing 24
MINUTE ORDER denying #23 Notice of Need for Record Correction and New Process of Service. The #22 Amended Prisoner Complaint, which is Plaintiff's operative pleading, does not name Deherrera as a defendant in this matter. To the extent that Plaintiff seeks to assert claims against that individual, he must file a motion to amend that complies with Fed. R. Civ. P. 15 and D.C.COLO.LCivR 15.1, which names Deherrera as a defendant. All of Plaintiff's claims and parties must be found within the same complaint. A plaintiff can not incorporate previous pleadings by reference. See Mink v. Suthers, 482 F.3d 1244, 1254 (10th Cir. 2007) (stating that an amended complaint supersedes an original complaint and renders the original complaint without legal effect) (internal quotations and citations omitted). The Clerk is directed to send a copy of this Minute Order, marked as legal mail, to the following: Ralph Marcus Hardy, #21-7798, Adams County Detention Facility (ACDF), P.O. Box 5001, 150 North 19th Avenue, Brighton, CO 80601. SO ORDERED by Magistrate Judge Maritza Dominguez Braswell on 12/12/2022. Text Only Entry(mdblc1)
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| Filing 23 NOTICE of Need for Record Correction and New Process of Service by Plaintiff Ralph Marcus Hardy (alave, ) Modified on 12/9/2022 to add gavel to event type. (alave, ). |
| Filing 22 AMENDED PRISONER COMPLAINT against Adams County, Overmyer, Richard Reignborn, Robie, filed by Ralph Marcus Hardy.(csarr, ) |
| Filing 21 LETTER re Booking Number by Plaintiff Ralph Marcus Hardy. (csarr, ) |
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Filing 20
MINUTE ORDER granting in part the #19 Motion for Extension of Time for Adams County and Richard Reignborn to Answer or Otherwise Respond to Plaintiff's Complaint and Amended Complaint. Adams County and Mr. Reignborn shall respond to the #1 Complaint on or before January 9, 2023. By Magistrate Judge Maritza Dominguez Braswell on 12/5/2022. Text Only Entry(mdblc1)
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| Filing 19 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, 15 Order on Motion for Order,,,, by Defendants Adams County, Richard Reignborn. (Sink, Michael) |
| Filing 18 SUMMONS Returned Executed Adams County served on 11/18/2022, answer due 12/9/2022; Richard Reignborn served on 11/18/2022, answer due 12/9/2022. (Attachments: #1 Summons)(csarr, ) |
| Filing 17 Summons Returned Unexecuted as to Deherrera. (csarr, ) |
| Filing 16 CERTIFICATE of Service by Mail by Clerk of Court re 15 Minute Order, to Ralph Marcus Hardy #22-7798 Adams County Detention Facility (ACDF) P.O. Box 5001 150 North 19th Avenue Brighton, CO 80601. Text Only Entry (csarr, ) |
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Filing 15
MINUTE ORDER granting in part #14 Motion to Dismiss Sergio Palomares/Motion for Leave to File an Amended Complaint. Plaintiff is ordered to file an amended complaint that includes only the amendments set forth in this motion, on or before December 19, 2022. In doing so, Plaintiff shall obtain and utilize the current Court-approved Prisoner Complaint form. Plaintiff must submit all claims and requests for relief in one single document and must complete all sections of the form. See Starr v. Kober, 642 F. App'x 914, 920 (10th Cir. 2016); Miller v. Salida Police Dep't, No. 18-cv-00024-GPG, 2018 WL 9480204, at *3 (D. Colo. Apr. 12, 2018). The Clerk is directed to send a copy of this Minute Order, marked as legal mail, to the following: Ralph Marcus Hardy, #22-7798, Adams County Detention Facility (ACDF), P.O. Box 5001, 150 North 19th Avenue, Brighton, CO 80601. By Magistrate Judge Maritza Dominguez Braswell on 11/28/22. Text Only Entry(mdblc2)
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| Filing 14 MOTION to Dismiss Sergio Palomares/Motion for Leave to File an Amended Complaint by Plaintiff Ralph Marcus Hardy. (cmadr, ) |
| Filing 13 Summons Returned Unexecuted as to Sergio Palomares. (csarr, ) |
| Filing 12 PLRA PAYMENT RECEIVED from Ralph Marcus Hardy in the amount of $.58; Receipt Number COX105128; (csarr, ) |
| Filing 11 NOTICE of Related Cases per D.C.Colo.LCivR3.2 by Plaintiff Ralph Marcus Hardy (csarr, ) |
| Filing 10 CERTIFICATE of Service by Clerk of Court re #1 Complaint for Service of Process. (Attachments: #1 USMS Service form, #2 USMS Service form, #3 USMS Service form, #4 USMS Service form, #5 USMS Service form) (csarr, ) |
| Filing 9 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (angar, ) |
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Filing 8
ORDER Drawing Case, by Magistrate Judge Gordon P. Gallagher on 11/4/2022. This case is randomly reassigned to Magistrate Judge Maritza Dominguez Braswell for all further proceedings. All future pleadings should be designated as 22-cv-2843-MDB (angar, )
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Filing 7
MINUTE ORDER. Plaintiff's Motion to Take Judicial Notice (ECF No. #3 ) is DENIED because Plaintiff fails to identify any fact that is not subject to reasonable dispute, by Magistrate Judge Gordon P. Gallagher on 11/2/2022.(angar, )
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Filing 6
ORDER Granting #2 Leave to Proceed Pursuant to 28 U.S.C. 1915, by Magistrate Judge Gordon P. Gallagher on 11/1/2022. copy of order mailed to Adams County Detention Facility (angar, )
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Filing 5
MINUTE ORDER In 1:22-cv-01666-GPG at ECF 25. The Clerk of Court is directed to open a separate and new civil action (1:22-cv-02843-GPG) and file the Prisoner Complaint (ECF No. 22 ), the Motion to Take Judicial Notice (ECF No. 23 ), and the Prisoners Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 (ECF No. 24 ) in the new action, by Magistrate Judge Gordon P. Gallagher on 10/28/2022. (norlin, ) Modified on 11/2/2022 to add clarity to why this minute order exists in this civil action(norlin, ).
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| Filing 4 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry (norlin, ) Modified on 10/31/2022 to correct filing date (norlin, ) |
| Filing 3 MOTION to Take Judicial Notice by Plaintiff Ralph Marcus Hardy. (norlin, ) Modified on 10/31/2022 to correct filing date (norlin, ). |
| Filing 2 Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Ralph Marcus Hardy. (norlin, ) Modified on 10/31/2022 to correct filing date (norlin, ) |
| Filing 1 PRISONER COMPLAINT against Adams County, Overmyer, Richard Reignborn, Robie, filed by Ralph Marcus Hardy.(norlin, ) Modified on 10/31/2022 to correct filing date (norlin, ) |
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