Murphy v. Peak et al
| Marcus Allen Murphy |
| El Paso Co. (Co) Sheriff's Office, Peak, Shellhammer, McClellan and Sheri King |
| 1:2023cv00588 |
| March 2, 2023 |
| US District Court for the District of Colorado |
| Gordon P Gallagher |
| Kristen L Mix |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 24, 2023. A more recent docket listing may be available from PACER.
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Filing 21
MINUTE ORDER by Magistrate Judge Kristen L. Mix on April 24, 2023. The Motion #20 is denied as moot. The Court ordered Plaintiff to file an amended Prisoner Complaint by May 15, 2023. (See ECF No. #19 ). Plaintiff is advised that he must tender to the Court a complete amended pleading on the proper form. Plaintiff may not litigate his claims in piecemeal fashion. If Plaintiff fails to file an amended Prisoner Complaint that complies with the Courts order to amend within the time allowed, the action may be dismissed without further notice.(csarr, ) Modified to correct entry on 4/24/2023 (csarr, ).
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| Filing 20 MOTION for Leave to File Amended Complaint by Plaintiff Marcus Allen Murphy. (alave, ) |
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Filing 19
ORDER DIRECTING PLAINTIFF TO FILE AMENDED PRISONER COMPLAINT by Magistrate Judge Kristen L. Mix on 04/14/2023. It is ORDERED that Plaintiff file within thirty (30) days from the date of this order, an Amended Prisoner Complaint, on the court-approved Prisoner Complaint form, that complies with the directives in this order. It is FURTHER ORDERED that, if Plaintiff fails to file an Amended Prisoner Complaint within the time allowed, this action will be dismissed without further notice for the reasons discussed above. (alave, )
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Filing 18
ORDER GRANTING LEAVE TO PROCEED UNDER 28 U.S.C. 1915 by Magistrate Judge Kristen L. Mix on 04/13/2023. It is ORDERED that the Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 #17 is GRANTED. It is FURTHER ORDERED that Plaintiff's custodian shall disburse from Plaintiff's inmate account monthly payments of 20 percent of the preceding month's income credited to this inmate account until Plaintiff has paid the total filing fee of $350.00. See 28 U.S.C. 1915(b)(2). Interference by Plaintiff in the submission of these funds will result in the dismissal of this action. It is FURTHER ORDERED that Plaintiff is advised that notwithstanding any filing fee, or any portion thereof, that may have been paid, the Court shall dismiss at any time all or any part of such complaint which (1) is frivolous or malicious; (2) fails to state a claim on which relief can be granted; or (3) seeks monetary relief from a defendant who is immune from such relief. See 28 U.S.C. 1915A(b); 28 U.S.C. 1915(e)(2). It is FURTHER ORDERED that Plaintiff's custodian shall continue to disburse monthly payments from Plaintiff's inmate account until full payment of the filing fee has been paid to the Court, even after disposition of the case and regardless of whether relief is granted or denied. It is FURTHER ORDERED that the Clerk of the Court shall not issue process at thistime. It is FURTHER ORDERED that the United States Marshals Service shall serveprocess on any remaining defendant(s) for whom personal service is required if thecase is later drawn to a district judge or magistrate judge under D.C.COLO.LCivR8.1(c). It is FURTHER ORDERED that the Clerk of Court shall send a copy of this order to the Business Office, Attn: Inmate Accounts, El Paso County Criminal Justice Center, Colorado Springs, Colorado. It is FURTHER ORDERED that the Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 in a Habeas Corpus Action #2 is denied as improperly filed.(alave, ) Copy mailed to Inmate Accounts, El Paso County Criminal Justice Center,Colorado Springs, Colorado.
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| Filing 17 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915, by Plaintiff Marcus Allen Murphy. (angar, ) |
| Filing 16 MOTION for Sanctions by Plaintiff Marcus Allen Murphy. (alave, ) |
| Filing 15 PLAINTIFF'S AFFIDAVIT by Plaintiff Marcus Allen Murphy. (trvo, ) |
| Filing 14 MOTION for Preliminary Injunction by Plaintiff Marcus Allen Murphy. (trvo, ) |
| Filing 13 MOTION for Sanctions by Plaintiff Marcus Allen Murphy. (jtorr, ) |
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Filing 11
MINUTE ORDER. On March 20, 2023, Plaintiff filed a #6 Motion for Leave to File Amended Complaint. The Motion is granted as follows: The tendered Amended Prisoner Complaint is accepted and should be docketed as an Amended Prisoner Complaint. Although he submitted a certified copy of his inmate account statement, Plaintiff has not filed a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 on the Court's proper form. Plaintiff shall have an additional thirty days to cure this remaining deficiency. Failure to comply within the time allowed will result in dismissal of this action without further notice. By Magistrate Judge Kristen L. Mix on 3/29/2023.(jtorr, )
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| Filing 10 REASSIGNING MAGISTRATE JUDGE. Due to the recent appointment of Magistrate Judge Gordon P. Gallagher as a United States District Judge, and with the permission of Chief Judge Brimmer pursuant to D.C. Colo. L. Civ. R. 40.1(a), this action is reassigned to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 23-cv-00588-KLM. (Text only entry) (cmadr, ) |
| Filing 9 LETTER by Plaintiff Marcus Allen Murphy. (jtorr, ) |
| Filing 8 LETTER by Plaintiff Marcus Allen Murphy. (jtorr, ) |
| Filing 12 AMENDED PRISONER COMPLAINT against Sheri King, McClellan, Peak, Shellhammer, filed by Marcus Allen Murphy.(jtorr, ) |
| Filing 7 LETTER by Plaintiff Marcus Allen Murphy. (jtorr, ) |
| Filing 6 MOTION for Leave to File Amended Complaint by Plaintiff Marcus Allen Murphy. (Attachments: #1 Proposed Amended Complaint, #2 Civil Cover Sheet, #3 Inmate Account Statement, #4 Envelope)(jtorr, ) |
| Filing 5 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Marcus Allen Murphy. Plaintiff does not consent. (jtorr, ) |
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Filing 4
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES. If Plaintiff fails to cure the designated deficiencies within 30 days from the date of this Order the action will be dismissed without further notice. By Magistrate Judge Gordon P. Gallagher on 3/8/2023. (jtorr, )
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| Filing 3 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (blaws) |
| Filing 2 Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 by Plaintiff Marcus Allen Murphy. (Attachments: #1 Proposed Order (PDF Only)) (blaws) |
| Filing 1 COMPLAINT against El Paso Co. (Co) Sheriff's Office, Peak, Shellhammer, filed by Marcus Allen Murphy. (Attachments: #1 Envelope) (blaws) |
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