Henry v. El Paso County, Colorado, Sheriff's Office et al.
| Darren Henry and Ashleigh Henry |
| No Named Defendant, El Paso County, Colorado, Sheriff's Office, Joe Roybal, Mott, Goodloe, Trice, Yakovlev, Webster, Petherick, Hastings, El Paso County Board of Commissioners, El Paso County, Colorado and Joe (I) Roybal |
| 1:2023cv01808 |
| July 13, 2023 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Kristen L Mix |
| Susan Prose |
| Prisoner - Prison Condition |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 34 MEMORANDUM regarding #30 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and (6) filed by Joe Roybal, Mott, Yakovlev, El Paso County, Colorado, Sheriff's Office, Goodloe, Webster, Trice. Motion referred to Magistrate Judge Susan Prose, by Chief Judge Philip A. Brimmer on 12/13/2023. Text Only Entry (pabsec, ) |
Filing 33
ORDER REFERRING CASE to Magistrate Judge Susan Prose 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 12/13/2023. Text Only Entry (pabsec, )
|
| Filing 32 CASE REASSIGNED. Pursuant to #31 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Susan B. Prose. All future pleadings should be designated as 23-cv-1808-PAB (Text Only Entry) (angar, ) |
| Filing 31 CONSENT to Jurisdiction of Magistrate Judge by Defendants El Paso County, Colorado, Sheriff's Office, Goodloe, Mott, Joe Roybal, Trice, Webster, Yakovlev All parties do not consent.. (Geringer, Meri) |
| Filing 30 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and (6) by Defendants El Paso County, Colorado, Sheriff's Office, Goodloe, Mott, Joe Roybal, Trice, Webster, Yakovlev. (Geringer, Meri) |
| Filing 29 NOTICE of Change of Address/Contact Information, by Plaintiff Darren Henry. (ccuen, ) |
|
Filing 28
MINUTE ORDER by Magistrate Judge Susan Prose on 11/16/2023, DENYING the #27 Motion to get ECF/Minute Orders, without prejudice to Plaintiff paying the 10 cents per page fee to the Clerks office for copies of the ECF filings in this case. See http://www.cod.uscourts.gov/CourtOperations/FeeSchedule.aspx Text Only Entry (sbplc3)
|
| Filing 27 MOTION to get ECF/Minute Orders, by Plaintiff Darren Henry. (ccuen, ) |
|
Filing 26
MINUTE ORDER by Magistrate Judge Susan Prose on 11/6/2023. In light of the #24 Notice of Change of Address, the court requests that the Clerk's Office forward all filings returned as undeliverable (ECF Nos. #12 , #13 , #14 , #16 , #17 , #18 , and #19 ) to Plaintiff at Arapahoe County Detention Facility, #1087146, P.O. Box 4918, Centennial, CO 80153-4918. Text Only Entry (sbplc3)
|
| Filing 25 CERTIFICATE of Mailing/Service re #17 Notice of Entry of Appearance,, #16 Notice of Entry of Appearance,, by Defendants El Paso County, Colorado, Sheriff's Office, Goodloe, Mott, Joe Roybal, Trice, Webster, Yakovlev. (Geringer, Meri) |
| Filing 24 NOTICE of Change of Address/Contact Information by Plaintiff Darren Henry. (ccuen, ) |
| Filing 23 Mail Returned as Undeliverable re: #19 Scheduling Order,, Addressed to Darren Henry. (efoga, ) |
| Filing 22 Mail Returned as Undeliverable re: #18 Waiver of Service Executed. Addressed to Darren Henry. (efoga, ) |
| Filing 20 Mail Returned as Undeliverable re: #14 Certificate of Service. Addressed to Darren Henry. (efoga, ) |
| Filing 21 Mail Returned as Undeliverable re: #13 Magistrate Judge consent form, #12 Order Reassigning Case Addressed to Darren Henry. (efoga, ) |
|
Filing 19
ORDER Setting Consent Deadline and Preliminary Telephonic Scheduling/Status Conference, by Magistrate Judge Susan Prose on 10/13/2023. If the parties have not done so already, they shall complete and file the Magistrate Judge Consent Form on or before January 2, 2024. Pursuant to Fed. R. Civ. P. 16, a Preliminary Scheduling/Status Conference shall be held telephonically on January 16, 2024, at 10:00 a.m., in Courtroom C-205, on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. (angar, )
|
| Filing 17 NOTICE of Entry of Appearance by Bryan E. Schmid on behalf of El Paso County, Colorado, Sheriff's Office, Goodloe, Mott, Joe Roybal, Trice, Webster, YakovlevAttorney Bryan E. Schmid added to party El Paso County, Colorado, Sheriff's Office(pty:dft), Attorney Bryan E. Schmid added to party Goodloe(pty:dft), Attorney Bryan E. Schmid added to party Mott(pty:dft), Attorney Bryan E. Schmid added to party Joe Roybal(pty:dft), Attorney Bryan E. Schmid added to party Trice(pty:dft), Attorney Bryan E. Schmid added to party Webster(pty:dft), Attorney Bryan E. Schmid added to party Yakovlev(pty:dft) (Schmid, Bryan) |
| Filing 16 NOTICE of Entry of Appearance by Meri V. Geringer on behalf of El Paso County, Colorado, Sheriff's Office, Goodloe, Mott, Joe Roybal, Trice, Webster, YakovlevAttorney Meri V. Geringer added to party El Paso County, Colorado, Sheriff's Office(pty:dft), Attorney Meri V. Geringer added to party Goodloe(pty:dft), Attorney Meri V. Geringer added to party Mott(pty:dft), Attorney Meri V. Geringer added to party Joe Roybal(pty:dft), Attorney Meri V. Geringer added to party Trice(pty:dft), Attorney Meri V. Geringer added to party Webster(pty:dft), Attorney Meri V. Geringer added to party Yakovlev(pty:dft) (Geringer, Meri) |
| ***Answer Deadlines reset: Goodloe answer due 12/6/2023; Mott answer due 12/6/2023; Joe Roybal answer due 12/6/2023; Trice answer due 12/6/2023; Webster answer due 12/6/2023; Yakovlev answer due 12/6/2023. (cmadr, ) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Darren Henry. El Paso County, Colorado, Sheriff's Office waiver sent on 10/9/2023, answer due 12/8/2023; Goodloe waiver sent on 10/9/2023, answer due 12/8/2023; Mott waiver sent on 10/9/2023, answer due 12/8/2023; Joe Roybal waiver sent on 10/9/2023, answer due 12/8/2023; Trice waiver sent on 10/9/2023, answer due 12/8/2023; Webster waiver sent on 10/9/2023, answer due 12/8/2023; Yakovlev waiver sent on 10/9/2023, answer due 12/8/2023. (ccuen, ) |
|
Filing 15
ORDER by Magistrate Judge Susan Prose on 10/10/2023, GRANTING #4 Motion for Leave to Proceed under 28 U.S.C. 1915. The Clerk of the Court shall send a copy of this Order to the Business Office, Attention: Inmate Accounts, El Paso County Criminal Justice Center, Colorado Springs, Colorado. (sbplc3)
|
| Filing 14 CERTIFICATE of Service by Clerk of Court re #11 Second Amended Prisoner Complaint for Service of Process. (jtorr, ) |
| Filing 13 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (pklin, ) |
|
Filing 12
ORDER ASSIGNING CASE by Magistrate Judge Susan Prose on 10/04/2023. This case is directly assigned to Magistrate Judge Susan Prose for all further proceedings. All future pleadings should be designated as 23-cv-01808-SBP. (pklin, )
|
| Filing 11 SECOND AMENDED PRISONER COMPLAINT against Deputy Goodloe, Deputy Hastings, Deputy Mott, Deputy Petherick, Deputy Trice, Deputy Webster, Deputy Yakolov, El Paso County Sheriff's Department, El Paso County, Colorado, Joe Roybal(Sheriff 95052, in his official capacity), Joe Roybal( In his individual capacity), filed by Darren Henry. (pklin, ) |
|
Filing 10
MINUTE ORDER by Magistrate Judge Susan Prose on 08/30/2023. On August 18, 2023, Plaintiff submitted a Motion to Submit Amended Complaint (ECF No. #9 ). To the extent Plaintiff requests an extension of time to comply with the Court's minute order to file a Prisoner Complaint on the proper form (ECF No. #6 ), the Court grants Plaintiff an extension of time to comply and directs Plaintiff to submit an amended Prisoner Complaint on or before September 29, 2023. Plaintiff is reminded that if she fails to comply within the time allowed, the action will be dismissed without further notice. On August 18, 2023, Plaintiff also filed a Motion for Appointment of Counsel (ECF No. #8 ). The motion is denied without prejudice as premature because this action is under initial review and Plaintiff has not utilized the required court-approved form for requesting the appointment of counsel. If the case is later drawn to a presiding judge under Local Rule 8.1(c), Plaintiff may renew the request by filing a court-approved form Prisoner Motion for Appointment of Counsel. (pklin, )
|
| Filing 9 MOTION to Submit Amended Complaint by Plaintiff Darren Henry. (pklin, ) |
| Filing 8 MOTION for Appointment Counsel by Plaintiff Darren Henry. (pklin, ) |
| Filing 7 AMENDED PRISONER COMPLAINT against Darren Henry, Deputy Goodloe, Deputy Hastings, Deputy Mott, Deputy Petherick, Deputy Trice, Deputy Yakolov, El Paso County Board of Commissioners, El Paso County Sheriff's Department, El Paso County, Colorado, Joe Roybal(Sheriff 95052, in his official capacity), Joe Roybal (In his individual capacity), filed by Darren Henry. (Attachments: #1 Envelope, #2 Account Statement)(pklin, ) |
|
Filing 6
MINUTE ORDER by Magistrate Judge Susan B. Prose on 07/31/2023. Plaintiff shall be given one final opportunity to file a Prisoner Complaint on the Court-approved form within 30 days from the date of this minute order. Failure to comply will result in dismissal of this action without further notice. (pklin, )
|
| Filing 5 REASSIGNING MAGISTRATE JUDGE. Due to the retirement of Magistrate Judge Kristen L. Mix, 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 Susan B. Prose. All future pleadings should be designated as 23-cv-01808-SBP. (Text only entry) (agarc, ) |
| Filing 4 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 by Plaintiff Darren Henry. (Attachments: #1 Account Statement, #2 Envelope) (pklin, ) |
|
Filing 3
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Kristen L. Mix on 07/17/2023. ORDERED that Plaintiff shall cure the designated deficiencies within thirty (30) days from the date of this order. If Plaintiff fails to cure 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. FURTHER ORDERED that Plaintiff shall obtain and submit a fully completed copy of the current, court-approved Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 and Prisoner Complaint forms (with the assistance of a case manager or the facilitys legal assistant), which are available at www.cod.uscourts.gov. The Court further directs the Clerk of Court to send Plaintiff a copy of the Prisoner Complaint, Prisoner's 1915 Motion and Affidavit, and Prisoner Motion for Appointment of Counsel forms. (Mailed As Ordered.) (pklin, )
|
| Filing 2 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (jcharl, ) |
| Filing 1 LETTER by Plaintiff Darren Henry. (Attachments: #1 Envelope)(jcharl, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Colorado District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
