Carter v. Colorado Department of Corrections
| James Carter |
| Colorado Department of Corrections |
| 1:2023cv00578 |
| March 3, 2023 |
| US District Court for the District of Colorado |
| Lewis T Babcock |
| Gordon P Gallagher |
| Gordon P zzz_Gallagher-MJ |
| Prisoner - Civil Rights (U.S. not a defendant) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 JUDGMENT by Clerk re: #9 Order on 4/3/2023. (sdunb, ) |
Filing 9
ORDER. It is ORDERED that the #7 Recommendation of United States Magistrate Judge is accepted and adopted. It is FURTHER ORDERED that the habeas corpus claim seeking a sentence recalculation is dismissed without prejudice to the filing of a separate habeas corpus action. It is FURTHER ORDERED that the claim for damages pursuant to 42 U.S.C. 1983 is dismissed as barred by the Eleventh Amendment and the rule in Heck v. Humphrey, 512 U.S. 477 (1994). It is FURTHER ORDERED that the #1 Prisoner Complaint and the action are dismissed. It is FURTHER ORDERED that IFP on appeal is denied. By Judge Lewis T. Babcock on 4/03/2023.(sdunb, )
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| Filing 8 PAYMENT RECEIVED from James Carter in the amount of $46.00; Receipt Number 106281. (jtorr, ) |
| Filing 7 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. This Magistrate Judge respectfully RECOMMENDS that the #1 Prisoner Complaint and the action be dismissed. By Magistrate Judge Gordon P. Gallagher on 3/8/2023. (jtorr, ) |
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Filing 6
ORDER OF REFERENCE TO UNITED STATES MAGISTRATE JUDGE by Judge Lewis T. Babcock on 3/8/2023. Pursuant to 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1, United States Magistrate Judge Gordon P. Gallagher is designated to conduct proceedings in this civil action. (jtorr, )
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Filing 5
MINUTE ORDER by Magistrate Judge Gordon P. Gallagher on 3/7/2023. 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. All future pleadings should be designated as 23-cv-00578-LTB. (jtorr, )
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Filing 4
ORDER granting #2 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915, by Magistrate Judge Gordon P. Gallagher on 3/3/2023. (Copy sent to CDOC as ordered.)(jtorr, )
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| Filing 3 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry (norlin, ) |
| Filing 2 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff James Carter. (norlin, ) |
| Filing 1 Prisoner COMPLAINT against Colorado Department of Corrections, filed by James Carter. (Attachments: #1 Envelope)(norlin, ) |
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| Plaintiff: James Carter | |
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