Bivings (PS) v. Paprzycki et al
| Kayla S. Bivings and Kayla Shafontay Bivings |
| Andrea Paprzycki, Andrea (I) Paprzycki, Marika Frady, Marika (I) Frady, Scott Sosebee, Scott (I) Sosebee, Jessica Yates, Jessica (I) Yates, Office of Attorney Regulation Counsel (OARC), Hilary Gurney and Hilary (I) Gurney |
| 1:2025cv00722 |
| March 5, 2025 |
| U.S. District Court for the District of Colorado |
| Lewis T Babcock |
| Richard T Gurley |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 40 RECORD ON APPEAL as to #32 Notice of Appeal filed by Kayla S. Bivings. Volume I - Pleadings. (USCA Case No. 25-1171). (tlove, ) |
Filing 39
MINUTE ORDER. On April 21, 2025, Plaintiff submitted a "Motion to Certify Constitutional Questions to the Colorado Supreme Court" (ECF No. #31 ). She requests that this Court certify the following questions: 1. Whether a sitting judge, listed as both a material witness by the opposing party and as a named defendant in a related federal case, may continue to preside over the state action without violating Canon 2.11 and Colorado Rule of Civil Procedure 97. 2. Whether sealed orders and scheduling actions issued during a confirmed stay without service, notice, or opportunity to respond violate the Plaintiff's due process rights under the 14th Amendment. 3. Whether opposing counsel (Meaghan Evans), listed as a federal defendant in a related civil rights case, may ethically and constitutionally continue to file, coordinate, and litigate against Plaintiff in a state case connected to the same facts and events. 4. Whether judicial immunity and Younger abstention may lawfully shield actions that are procedurally coordinated, ethically conflicted, and executed in bad faith. The Court exercises its discretion and declines to certify Plaintiff's questions to the Colorado Supreme Court. On April 15, 2025, this case was dismissed because Plaintiff's claims are barred by the abstention doctrine in Younger v. Harris, 401 U.S. 37 (1971), the named Defendants are protected by Eleventh Amendment immunity and absolute judicial immunity, and Plaintiff failed to allege specific facts showing an entitlement to relief to support her conspiracy claim. (See ECF No. #25 ). Further, on April 18, 2025, Plaintiff's motion for reconsideration was denied. (See ECF No. #30 ). By Judge Lewis T. Babcock on 5/1/2025. (tlove, )
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Filing 38
MINUTE ORDER. Plaintiff's Motion to Proceed In Forma Pauperis on Appeal (ECF No. #35 ) is DENIED. The Court previously denied Plaintiff leave to proceed in forma pauperis on appeal in the Order dismissing this action on April 15, 2025. (See ECF No. #25 at 4-5). Plaintiff may file a 1915 motion in the Tenth Circuit Court of Appeals. By Judge Lewis T. Babcock on 5/1/2025. (tlove, )
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| Filing 37 NOTICE Regarding Record Clarification and Procedural Irregularity by Plaintiff Kayla S. Bivings (amona,) |
| Filing 36 NOTICE of Missing Filing for Record Preservation Purposes Only by Plaintiff Kayla S. Bivings (Attachments: #1 Exhibit A, #2 Exhibit B)(amona,) |
| Filing 35 PLAINTIFF'S MOTION to Proceed In Forma Pauperis on Appeal by Plaintiff Kayla S. Bivings. (amona,) Modified on 4/30/2025 to correct date and PDF (amona,) |
| Filing 34 USCA Case Number 25-1171 for #32 Notice of Appeal filed by Kayla S. Bivings. (amona,) |
| Filing 33 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #32 Notice of Appeal filed by Kayla S. Bivings to the U.S. Court of Appeals. (Pro Se, Fee not paid and 1915 motion not filed,) (Attachments: #1 Preliminary Record with Docket Sheet)(agarc, ) |
| Filing 32 NOTICE OF APPEAL as to #25 Order, #26 Judgment, #30 Order Denying Motion for Reconsideration, and #31 MOTION to Certify Constitutional Questions to the Colorado Supreme Court by Plaintiff Kayla S. Bivings. (agarc, ) |
| Filing 31 PLAINTIFF'S MOTION to Certify Constitutional Questions to the Colorado Supreme Court by Plaintiff Kayla S. Bivings. (amona,) |
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Filing 30
ORDER DENYING MOTION FOR RECONSIDERATION. Plaintiff's "Motion for Reconsideration or Clarification of Final Judgment" (ECF No. #27 ) and "Supplement to Plaintiff's Motion for Reconsideration" (ECF No. #28 ) are DENIED. By Judge Lewis T. Babcock on 4/18/2025. (amona,)
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| Filing 29 Demand for Constitutional Review and Record Preservation for Potential Submission to the Colorado Supreme Court by Plaintiff Kayla S. Bivings (amona,) |
| Filing 28 SUPPLEMENT to #27 Plaintiff's Motion for Reconsideration (amona,) |
| Filing 27 PLAINTIFF'S MOTION for Reconsideration or Clarification of Final Judgement by Plaintiff Kayla S. Bivings. (amona,) |
| Filing 26 JUDGMENT by Clerk re: #25 ORDER on 4/15/2025. (amona,) |
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Filing 25
ORDER. Plaintiff's "Objection to the Magistrate Judge's April 8, 2025 Recommendation" (ECF No. #23 ) is overruled. The Recommendation of United States Magistrate Judge (ECF No. #22 ) is accepted and adopted. The Amended Complaint (ECF No. #10 ) and the action are dismissed for the reasons set forth in the Recommendation. Leave to proceed in forma pauperis on appeal is denied without prejudice to the filing of a motion seeking leave to proceed in forma pauperis on appeal in the United States Court of Appeals for the Tenth Circuit. All pending motions, including ECF No. #15 are denied as moot. By Judge Lewis T. Babcock on 4/15/2025.(amona, )
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Filing 24
ORDER. Plaintiff's "Objection and Motion for Reconsideration of Order Denying Plaintiff's TRO Requests" (ECF No. #17 ), "Supplemental to Plaintiff's Objection and Motion for Reconsideration" (ECF No. #18 ), and "Notice of Clarification Regarding Plaintiffs Supplemental Filing" (ECF No. #19 ) are DENIED for the reasons stated herein. By Judge Lewis T. Babcock on 4/11/2025.(amona, )
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| Filing 23 PLAINTIFF'S OBJECTION to The Magistrate Judge's April 8, 2025 #22 RECOMMENDATION filed by Plaintiff Kayla S. Bivings. (Attachments: #1 Exhibit A, #2 Exhibit B)(amona,) |
| Filing 22 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. This Magistrate Judge respectfully RECOMMENDS that Plaintiff's Amended Complaint #10 and this action be DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction under Younger v. Harris, 401 U.S. 37 (1971). This Magistrate Judge further respectfully RECOMMENDS that Plaintiff's 1983 claim asserted against Defendants in their official capacities for monetary relief be DISMISSED WITHOUT PREJUDICE based on Eleventh Amendment immunity. This Magistrate Judge further respectfully RECOMMENDS that Plaintiff's 1983 claim asserted against Defendants in their individual capacities be DISMISSED WITH PREJUDICE based on judicial immunity. This Magistrate Judge further respectfully RECOMMENDS that Plaintiff's 1985 claim be DISMISSED WITHOUT PREJUDICE for failure to allege a short and plain statement of the claim showing that Plaintiff is entitled to relief. By Magistrate Judge Richard T. Gurley on 4/8/2025. (amona, ) |
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Filing 21
ORDER OF REFERENCE to United States Magistrate Judge Richard T. Gurley. Pursuant to 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1, United States Magistrate Judge Richard T. Gurley is designated to conduct proceedings in this civil action. By Judge Lewis T. Babcock on 4/8/2025. All future pleadings should be designated as 25-cv-00722-LTB-RTG (amona,)
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Filing 20
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 Richard T. Gurley on 4/7/2025. (amona,)
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| Filing 19 NOTICE OF CLARIFICATION REGARDING PLAINTIFF'S SUPPLEMENTAL FILING re #18 SUPPLEMENTAL to Plaintiff's Objection and Motion for Reconsideration By Plaintiff Kayla S. Bivings (ggill, ) |
| Filing 18 SUPPLEMENTAL to Plaintiff's Objection and Motion for Reconsideration #17 by Plaintiff Kayla S. Bivings. (amona,) |
| Filing 17 OBJECTION AND MOTION for Reconsideration of Order Denying Plaintiff's TRO Requests by Plaintiff Kayla S. Bivings. (amona,) |
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Filing 16
ORDER DENYING MOTIONS. The "Motion to Stay State Court Proceedings and Request for Temporary Restraining Order (TRO) (ECF No. #11 ) and Updated Emergency Notice for Court Intervention (ECF No. #13 ), which the Court has construes liberally as motions for preliminary injunctive relief, are DENIED without prejudice. By Judge Lewis T. Babcock on 4/1/2025.(amona,)
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| Filing 15 PLAINTIFF'S MOTION FOR CLARIFICATION AND REQUEST FOR SERVICE OF PROCESS BY U.S. MARSHALS by Plaintiff Kayla S. Bivings. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(cmadr, ) |
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Filing 14
MINUTE ORDER. This matter is before the Court on the Motion for Clarification on Amended Complaint (ECF No. #7 ) and Motion for Clarification Regarding Service of Defendants (ECF No. #8 ). Plaintiff's motions seeking clarification are granted as follows. Plaintiff is advised that the operative pleading in this action is the Amended Complaint filed on March 12, 2025. (See ECF Nos. #10 , 10-1, 10-2, 10-3, and 10-4). The Court will review the Amended Complaint in due course. Plaintiff is advised that service of process is premature at this time and no defendant will be served until initial review of the Amended Complaint is complete. By Magistrate Judge Richard T. Gurley on 3/28/2025.(amona,)
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| Filing 13 Updated EMERGENCY NOTICE for Federal Intervention by Plaintiff Kayla S. Bivings. (amona,) |
| Filing 12 PLAINTIFF'S SUPPLEMENTAL NOTICE of Filing Exhibits in Support of #11 Motion to Stay State Court Proceedings and Request for Temporary Restraining Order (TRO)by Plaintiff Kayla S. Bivings. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(amona,) |
| Filing 11 PLAINTIFF'S MOTION to Stay State Court Proceedings and Request for Temporary Restraining Order (TRO) by Plaintiff Kayla S. Bivings. (amona,) |
| Filing 10 AMENDED COMPLAINT against Marika Frady, Marika (I) Frady, Hilary Gurney, Hilary (I) Gurney, Office of Attorney Regulation Counsel (OARC), Andrea Paprzycki, Andrea (I) Paprzycki, Scott Sosebee, Scott (I) Sosebee, Jessica Yates, Jessica (I) Yates, filed by Kayla S. Bivings. (Attachments: #1 Amended Complaint, #2 Amended Complaint Section B, #3 Amended Complaint Section E, #4 Amended Complaint Section D)(amona, ) |
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Filing 9
ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT. It is ORDERED that Plaintiff must file, within thirty (30) days from the date of this Order, an amended Complaint that complies with this Order. By Magistrate Judge Richard T. Gurley on 3/11/2025. (amona,)
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| Filing 8 PLAINTIFF'S MOTION for Clarification Regarding Service of Defendants by Plaintiff Kayla S. Bivings. (amona,) |
| Filing 7 MOTION for Clarification on Amended Complaint by Plaintiff Kayla S. Bivings. (amona,) |
| Filing 6 COMPLAINT against Marika Frady, Hilary Gurney, Office of Attorney Regulation Counsel (OARC), Andrea Paprzycki, Scott Sosebee, Jessica Yates, filed by Kayla S. Bivings. (Attachments: #1 Civil Cover Sheet, #2 Summons)(amona,) Modified on 3/10/2025 to update text (amona,). Modified on 3/10/2025 to correct text (angar, ). |
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Filing 5
ORDER GRANTING PLAINTIFF LEAVE TO PROCEED PURSUANT TO 28 U.S.C. 1915. The Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. #3 ) is GRANTED. The Motion for Service by U.S. Marshals (ECF No. #4 ) is DENIED without prejudice by Magistrate Judge Richard T. Gurley on 3/6/2025.(echa, )
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| Filing 4 PLAINTIFFS MOTION FOR SERVICE BY U.S. MARSHALS by Plaintiff Kayla S. Bivings. (sadhi, ) |
| Filing 3 Application to Proceed in District Court Without Prepaying Fees or Costs. By Plaintiff Kayla S. Bivings. (sadhi, ) |
| Filing 2 Case assigned to Magistrate Judge Richard T. Gurley. Text Only Entry. (sadhi, ) |
| Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF UNDER 42 U.S.C. 1983 against Marika Frady, Gurney, Andrea Paprzycki, Scott Sosebee, and Jessica Yates, filed by Kayla S. Bivings. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document, #3 Continuation of Main Document, #4 Continuation of Main Document)(sadhi, ) Modified on 3/6/2025 txt entry error (sadhi, ). |
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