Burnham v. Villani et al
| Arthur Burnham |
| Villani, Correctional Health Partners and Honea |
| 1:2023cv01775 |
| July 12, 2023 |
| US District Court for the District of Colorado |
| Kristen L Mix |
| Charlotte N Sweeney |
| Scott T Varholak |
| Prisoner - Civil Rights (U.S. not a defendant) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 4, 2023. A more recent docket listing may be available from PACER.
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Filing 41
CERTIFICATE of Service by Mail by Clerk of Court re 40 Minute Order, to Arthur Burnham #194679 at Centennial Correctional Facility (CCF) P.O. Box 600 Canon City, CO 81215. Text Only Entry. (trvo, )
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Filing 40
MINUTE ORDER This matter is before the Court upon review of the docket. Pursuant to #9 Order, this matter is set for a scheduling conference on 9/13/2023 at 09:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. However, no defendant has made an appearance, and no proposed scheduling order has been filed. Accordingly, the Court CONVERTS the Scheduling Conference to a Status Conference, set for the same time and date. As explained in 38 Order, Plaintiff may appear for the Status Conference telephonically by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. Plaintiff may hear the conclusion of a prior hearing at the time he calls in and are instructed to simply wait until his case is called. The Clerk of Court is instructed to mail a copy of this order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/7/2023. Text Only Entry (stvlc4, )
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Filing 39
CERTIFICATE of Service by Mail by Clerk of Court re 38 Order to Arthur Burnham #194679 at Centennial Correctional Facility (CCF) P.O. Box 600 Canon City, CO 81215. Text Only Entry. (trvo, )
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Filing 38
ORDER This matter is before the Court on #36 Motion for Order (the "Motion"). The Motion requests the entry of an order that a writ of habeas corpus be issued for Plaintiff to appear in person for hearings in this matter. The Motion further notes that "teleconference is of co[u]rse appropriate at this stage," but that Plaintiff had difficulty drafting that request. The Court agrees with Plaintiff that any appearances at this stage may be accomplished by teleconference, and GRANTS LEAVE for Plaintiff to appear for hearings telephonically by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court will also attempt to coordinate with Plaintiff's facility to ensure Plaintiff's appearance at future hearings, but nonetheless encourages Plaintiff to give notice of any upcoming hearings to appropriate personnel at his facility to the extent feasible. The Clerk of Court is instructed to mail a copy of this order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/30/2023. Text Only Entry(stvlc4, )
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Filing 37
MEMORANDUM regarding #36 Motion for Order to filed by Arthur Burnham. Motion #36 is referred to Magistrate Judge Scott T. Varholak, by Judge Charlotte N. Sweeney on 8/30/2023. Text Only Entry (cnsja.)
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Filing 36
MOTION for Writ of Habeas Corpus Ad Testificandum [sic] by Plaintiff Arthur Burnham. (Attachments: #1 Proposed Document)(sphil, )
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Filing 35
SUMMONS Returned Executed by Arthur Burnham. Correctional Health Partners served on 8/22/2023, answer due 9/12/2023. (trvo, )
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Filing 34
MINUTE ORDER re: 24 Minute Order re: #23 Motion for Temporary Restraining Order filed by Arthur Burnham. The Court vacates the 8/17/2023 deadline for Defendants to respond to the Plaintiff's Motion #23 . A new deadline will be set upon receipt of an entry of appearance from a served defendant. By Judge Charlotte N. Sweeney on 8/23/2023. Text Only Entry (cnssec. )
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Filing 33
Summons Returned Unexecuted as to Honea by Arthur Burnham. (trvo, )
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Filing 32
CERTIFICATE of Service by Clerk of Court re #30 Amended Prisoner Complaint for Service of Process on Defendant Honea. (trvo, )
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Filing 31
CERTIFICATE of Service by Mail by Clerk of Court re 29 Order, #30 Amended Prisoner Complaint to Arthur Burnham #194679 at Centennial Correctional Facility (CCF) P.O. Box 600 Canon City, CO 81215. Text Only Entry. (trvo, )
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Filing 30
AMENDED PRISONER COMPLAINT against Correctional Health Partners, Honea, Villani, filed by Arthur Burnham. (Refiled pursuant to 29 Order)(trvo, )
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Filing 29
ORDER granting #27 Motion to Amend Complaint. Pursuant to Rule 15(a)(1)(B), Plaintiff is permitted to amend his pleading once as a matter of course within 21 days after service of a responsive pleading. See MGA Home Healthcare Colorado, LLC v. Thun, No. 22-CV-02534-NYW-STV, 2023 WL 3602330, at *4 (D. Colo. May 23, 2023); Gentry v. Nat'l Multi List Serv. Inc., No. 14-CV-00858-PAB-KMT, 2015 WL 6751103, at *2 (D. Colo. Nov. 5, 2015). As no responsive pleading has been filed, Plaintiff falls within this time period and does not require the Court's leave to file his amended complaint. The Clerk of Court is instructed to docket #[27-1] as Plaintiff's Amended Complaint. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/16/2023. Text Only Entry(stvlc4, )
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Filing 28
MEMORANDUM regarding #27 MOTION to Amend/Correct/Modify #1 Complaint filed by Arthur Burnham. Motion #27 is referred to Magistrate Judge Scott T. Varholak, by Judge Charlotte N. Sweeney on 8/15/2023. Text Only Entry (cnssec. )
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Filing 27
MOTION to Amend/Correct/Modify #1 Prisoner Complaint by Plaintiff Arthur Burnham. (Attachments: #1 Proposed Amended Complaint)(sphil, )
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Filing 26
Pro se Letter by Plaintiff Arthur Burnham (sphil, )
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Filing 25
SUMMONS Returned Executed by Arthur Burnham. Correctional Health Partners served on 8/7/2023, answer due 8/28/2023. (trvo, )
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Filing 24
MINUTE ORDER re: #23 Motion for Temporary Restraining Order filed by Arthur Burnham. The Court orders that the Defendants respond to the Motion #23 on or before 8/17/2023. By Judge Charlotte N. Sweeney on 8/7/2023. Text Only Entry (cnssec.)
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Filing 23
MOTION for Temporary Restraining Order and Declaration in Support of Plaintiff's Motion for TRO, by Plaintiff Arthur Burnham. (sphil, )
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Filing 22
CERTIFICATE of Service by Mail by Clerk of Court re 21 Order to Arthur Burnham #194679 at Centennial Correctional Facility (CCF) P.O. Box 600 Canon City, CO 81215. Text Only Entry. (trvo, )
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Filing 21
ORDER This matter is before the Court on #5 Letter, which seeks to amend Plaintiff's Complaint by attaching additional pages. Plaintiff's request to amend his complaint "piecem[ea]l" is DENIED WITHOUT PREJUDICE. Subject to Federal Rule of Civil Procedure 15, Plaintiff may amend his complaint, but must submit a complete amended complaint--as one complete document--instead of retroactively attaching separate pages to an already-filed complaint. See Bradley v. Hill, No. 23-3108-JWL, 2023 WL 3619471, at *6 (D. Kan. May 24, 2023) ("[Plaintiff] may not... make partial submissions by sending some pages of the court-approved form complaint in one mailing and sending other pages of the court-approved form on a different day. Rather, he must submit all pages of his [amended complaint] and all attachment[s] and exhibits at one time."). The Clerk of Court is instructed to mail a copy of this order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/26/2023. Text Only Entry(stvlc4, )
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Filing 20
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak 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 Local Civ. R. 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 hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Motion #5 is referred to Magistrate Judge Scott T. Varholak. By Judge Charlotte N. Sweeney on 7/26/2023. Text Only Entry (cnssec, )
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Filing 19
CERTIFICATE of Service by Mail by Clerk of Court re 18 Case Reassigned, 17 Minute Order, to Arthur Burnham #194679 at Centennial Correctional Facility (CCF) P.O. Box 600 Canon City, CO 81215. Text Only Entry. (trvo, )
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Filing 18
CASE REASSIGNED. Pursuant to the 17 Minute Order, this case is randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 23-cv-01775-CNS. (Text Only Entry) (trvo, )
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Filing 17
MINUTE ORDER This matter is before the Court upon review of the Docket. Plaintiff has not consented to have a magistrate judge conduct all proceedings in his civil action [See #15]. Plaintiff's #16 Letter indicates that Plaintiff "would have consented" but was unable to consent with other parties, presumably because they have not yet been served or made an appearance. The Court does not construe Plaintiff's #16 Letter as seeking to alter Plaintiff's decision to not consent to Magistrate Judge jurisdiction, as noted on #15 Consent Form. However, it appears from #16 Letter that Plaintiff seeks immediate relief from this Court, possibly before the entry of appearance by any Defendant and without notice to Defendants. To the extent that this is so, the Court notes that pursuant to D.C.COLO.LCivR 65.1, a temporary restraining order must be requested by motion filed separately from the complaint, and must meet the requirements of Federal Rule of Civil Procedure 65(b)(1) and D.C.COLO.LCivR 65.1 before the Court will consider an ex parte motion for a temporary restraining order. Accordingly, because Plaintiff has not consented to magistrate judge jurisdiction, and based on Plaintiff's apparent request for injunctive relief, the Clerk of Court is instructed to reassign this matter to a District Judge for further proceedings. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/25/2023. Text Only Entry (stvlc4, )
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Filing 14
CERTIFICATE of Service by Clerk of Court re #1 Prisoner Complaint for Service of Process on Defendant Correctional Health Partners. (Attachments: #1 U.S. Marshals Service Form) (trvo, )
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Filing 16
LETTER re: #15 Consent to Jurisdiction of Magistrate Judge by Plaintiff Arthur Burnham. (Attachments: #1 Envelope)(jtorr, ) Modified to correct file date on 7/25/2023 (jtorr, ).
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Filing 15
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Arthur Burnham. Plaintiff does not consent. (jtorr, )
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Filing 13
CERTIFICATE of Service by Mail by Clerk of Court re 12 Minute Order, to Arthur Burnham #194679 at Centennial Correctional Facility (CCF) P.O. Box 600 Canon City, CO 81215. Text Only Entry. (trvo, )
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Filing 12
MINUTE ORDER This matter is before the Court upon review of #11 Waiver of Service of Process, in which service was not waived for any Defendant. According to the Colorado Secretary of State, Defendant Correctional Health Partners has a registered agent located at 36 South 18th Avenue, Suite D, Brighton, CO 80601, United States. Accordingly, the Court ORDERS that the United States Marshals Service is directed to effect service of process on Defendant Correctional Health Partners at the following address: 36 South 18th Avenue, Suite D, Brighton, CO 80601, United States. The Clerk of Court is instructed to mail a copy of this order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/24/2023. Text Only Entry (stvlc4, )
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Filing 11
WAIVER of Service of Summons by Colorado Department of Corrections Office of Legal Services, re #10 Certificate of Service. Service is not waived for any defendant. (jtorr, )
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Filing 10
CERTIFICATE of Service by Clerk of Court re #1 Complaint for Service of Process. (Attachments: #1 USMS Service Forms) (cmadr, )
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Filing 9
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 17 July 2023. Consent Form due by 8/30/2023. Proposed Scheduling Order due 9/6/2023. Scheduling Conference set for 9/13/2023 09:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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Filing 8
CASE REASSIGNED. This case was assigned incorrectly and has been randomly reassigned to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 23-cv-01775-STV. (Text Only Entry) (jtorr, )
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Filing 7
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jtorr, )
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Filing 6
ORDER DRAWING CASE by Magistrate Judge Kristen L. Mix on 7/13/2023. This case is randomly reassigned to Magistrate Judge Maritza Dominguez Braswell for all further proceedings. All future pleadings should be designated as 23-cv-01775-MDB. (jtorr, ) Modified to correct text on 7/13/2023 (jtorr, ).
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Filing 5
LETTER re: #1 Prisoner Complaint by Plaintiff Arthur Burnham. (jtorr, )
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Filing 4
ORDER granting #3 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915, by Magistrate Judge Kristen L. Mix on 7/12/2023. (Copy sent to CDOC as ordered.)(jtorr, )
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Filing 3
Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 by Plaintiff Arthur Burnham. (tgall, )
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Filing 2
Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (tgall, )
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Filing 1
PRISONER COMPLAINT against Correctional Health Partners, Villani, filed by Arthur Burnham. (Attachments: #1 Cover Letter, #2 Envelope)(tgall, )
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