Martinez (PS) v. Bagwell et al
| Carlos R. Martinez |
| Kelly Bagwell, Chris Bina, J. F. Williams, Renee Grimes-Boorman, N. Williamson and USA |
| 1:2024cv00206 |
| January 22, 2024 |
| US District Court for the District of Colorado |
| Lewis T Babcock |
| Susan Prose |
| Prisoner - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 10 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE For the reasons set forth herein, it is respectfully RECOMMENDED that the negligence and medical malpractice claims asserted under the FTCA against Defendants Kelly Bagwell, Chris Bina, Warden J.F. Williams, Renee Grimes-Boorman, and N. Williams be dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(i) as legally frivolous. It is FURTHER RECOMMENDED that Defendants Kelly Bagwell, Chris Bina, Warden J.F. Williams, Renee Grimes-Boorman, and N. Williams be dismissed as parties to this action. It is FURTHER RECOMMENDED that the negligence and medical malpractice claims asserted under the FTCA against the United States be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). By Magistrate Judge Susan Prose on 2/23/2024. (norlin, ) |
Filing 9
ORDER REFERRING CASE This civil action is referred to Magistrate Judge Susan Prose to proceed according to the designations marked (X) above. No additional orders of reference are necessary. All motions, requests, letters, and any other document seeking court action are referred automatically for resolution or recommendation by the named magistrate judge. By Judge Lewis T. Babcock on 2/23/2024. (norlin, )
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Filing 8
MINUTE ORDER 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. By Magistrate Judge Susan Prose on 2/21/2024. (norlin, )
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Filing 7
ORDER GRANTING LEAVE TO PROCEED PURSUANT TO 28 U.S.C. 1915 The Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 (ECF No. #6 ) is granted. It is FURTHER ORDERED that the Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 (ECF No. 2) is denied as moot. Within thirty days of the date of this Order Plaintiffs custodian shall disburse from Plaintiffs prison account an initial partial filing fee of $84.00 to the Clerk of the United States District Court for the District of Colorado, which represents 20 percent of the greater of the (1) average monthly deposits, or (2) average monthly balance in Plaintiffs prison account for the six-month period immediately preceding the filing of the complaint. See 28 U.S.C. 1915(b). After payment of the initial partial filing fee Plaintiffs custodian shall disburse from Plaintiff's prison account monthly payments of 20 percent of the preceding months income credited to his prison 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. 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. Plaintiffs custodian shall continue to disburse monthly payments from Plaintiffs prison 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 United States Marshals Service shall serve process on any remaining Defendants for whom personal service is required if the case is later drawn to a district judge and/or a magistrate judge under D.C.COLO.LCivR 8.1(c). By Magistrate Judge Susan Prose on 2/14/2024.(norlin, )
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| Filing 6 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Carlos R. Martinez. (norlin, ) |
| Filing 5 AMENDED PRISONER COMPLAINT against Kelly Bagwell, Chris Bina, Renee Grimes-Boorman, USA, J. F. Williams, N. Williamson, filed by Carlos R. Martinez. (Attachments: #1 Envelope)(norlin, ) |
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Filing 4
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY Plaintiff shall cure the deficiency designated above within thirty (30) days from the date of this order. Any papers that Plaintiff files in response to this order must include the civil action number on this order. Plaintiff shall obtain the court-approved Prisoner Complaint form (with the assistance of his case manager or the facility's legal assistant), along with the applicable instructions, at www.cod.uscourts.gov. If Plaintiff fails to cure the designated deficiency within thirty (30) days from the date of this order, the action will be dismissed without further notice. The dismissal shall be without prejudice. by Magistrate Judge Susan Prose on 1/24/2024. (norlin, )
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| Filing 3 Case assigned to Magistrate Judge Susan Prose. Text Only Entry (efoga, ) |
| Filing 2 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Carlos R. Martinez. (efoga, ) |
| Filing 1 COMPLAINT for a Civil Case against Kelly Bagwell, Chris Bina, Renee Grimes-Boorman, USA, J. F. Williams, N. Williamson, filed by Carlos R. Martinez.(efoga, ) |
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