Carey v. Alexzander et al
| Zhanda Carey and Zhanda Devne Carey |
| Annalissa Reynolds, Gregory Telisma, William Walden, Uwriyel Israel, Jason Alexander, Sarah Allison-Foisy, Kirk Campbell, Jose Carbajal and Chris Breznay |
| CASE MANAGER FOR Zhanda Carey |
| 1:2025cv01304 |
| April 25, 2025 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Cyrus Y Chung |
| Prisoner - Civil Rights (U.S. not a defendant) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 38 REPLY to Response to #31 MOTION to Dismiss Amended Complaint filed by Defendants Annalissa Reynolds, Gregory Telisma, William Walden, Jason Alexander, Sarah Allison-Foisy, Kirk Campbell, Jose Carbajal, Uwriyel Israel. (Sobczyk, Kevin) |
| Filing 37 RESPONSE to #31 MOTION to Dismiss Amended Complaint filed by Plaintiff Zhanda Carey. (tlove, ) |
| Filing 36 MEMORANDUM regarding #35 MOTION to Stay Discovery filed by Jason Alexander, William Walden, Jose Carbajal, Sarah Allison-Foisy, Annalissa Reynolds, Uwriyel Israel, Kirk Campbell, Gregory Telisma. Motion referred to Magistrate Judge Cyrus Y. Chung, by Chief Judge Philip A. Brimmer on 9/10/2025. Text Only Entry (pabsec, ) |
| Filing 35 MOTION to Stay Discovery by Defendants Annalissa Reynolds, Gregory Telisma, William Walden, Jason Alexander, Sarah Allison-Foisy, Kirk Campbell, Jose Carbajal, Uwriyel Israel. (Sobczyk, Kevin) |
| Filing 34 Conventionally Submitted Material : One black flash drive to #33 Notice by Defendants Annalissa Reynolds, Gregory Telisma, William Walden, Jason Alexander, Sarah Allison-Foisy, Kirk Campbell, Jose Carbajal, Uwriyel Israel. Material placed in the oversized area A-4-1 of the Clerk's Office. Text Only Entry (tlove, ) |
| Filing 33 NOTICE re #31 MOTION to Dismiss Amended Complaint of Conventionally Submitted Exhibits by Defendants Annalissa Reynolds, Gregory Telisma, William Walden, Jason Alexander, Sarah Allison-Foisy, Kirk Campbell, Jose Carbajal, Uwriyel Israel (Sobczyk, Kevin) |
| Filing 32 MEMORANDUM regarding #31 MOTION to Dismiss Amended Complaint. Motion referred to Magistrate Judge Cyrus Y. Chung, by Chief Judge Philip A. Brimmer on 9/08/2025. Text Only Entry (pabsec, ) |
| Filing 31 MOTION to Dismiss Amended Complaint by Defendants Annalissa Reynolds, Gregory Telisma, William Walden, Jason Alexander, Sarah Allison-Foisy, Kirk Campbell, Jose Carbajal, Uwriyel Israel. (Attachments: #1 Exhibit A - Campbell BWC, #2 Exhibit B - Alexander BWC 01, #3 Exhibit C - Israel BWC, #4 Exhibit D - Reynolds BWC, #5 Exhibit E - Alexander BWC 02)(Sobczyk, Kevin) |
Filing 30
ORDER by Chief Judge Philip A. Brimmer on 8/20/2025 re: #29 Amended Complaint. On July 21, 2024, defendants filed a motion to dismiss. Docket No. #23 . On July 24, 2025, defendants filed a motion to stay discovery pending the Court's resolution of the motion to dismiss. Docket No. #27 . On August 6, 2025, plaintiff mailed his amended complaint, which the Court received on August 18, 2025. Docket No. #29 at 23; see also Fed. R. Civ. P. 15(a)(1)(B). "The filing of an amended complaint moots a motion to dismiss directed at the complaint that is supplanted and superseded." Gallagher v. Total Cmty. Options, Inc., No. 16-cv-01115-RM-NYW, 2016 WL 8737778, at *1 (D. Colo. July 29, 2016) (quoting Strich v. United States, No. 09-cv-01913-REB-KLM, 2010 WL 14826, at *1 (D. Colo. Jan. 11, 2010)). Therefore, #23 Defendants' Motion to Dismiss Plaintiff's Complaint and #27 Defendants' Motion to Stay Discovery are DENIED as moot. Text Only Entry(pabsec, )
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| Motion(s) No Longer Referred: #27 MOTION to Stay Discovery, by Chief Judge Philip A. Brimmer on 8/20/2025. Text Only Entry (pabsec, ) |
| Filing 29 AMENDED PRISONER COMPLAINT against Jason Alexander, Sarah Allison-Foisy, Chris Breznay, Kirk Campbell, Jose Carbajal, Jane Doe, Uwriyel Israel, Annalissa Reynolds, Gregory Telisma, William Walden, filed by Zhanda Carey. (tlove, ) |
| Filing 28 MEMORANDUM regarding #27 MOTION to Stay Discovery filed by Alexzander, Cambel, Israel, Walden, Alison, Carabul, Renolds, Talisma. Motion referred to Magistrate Judge Cyrus Y. Chung by Chief Judge Philip A. Brimmer on 7/24/2025. |
| Filing 27 MOTION to Stay Discovery by Defendants Cambel, Alexzander, Alison, Renolds, Talisma, Walden, Carabul, Israel. (Sobczyk, Kevin) |
| Filing 26 Conventionally Submitted Material : One black flash drive to #24 Notice re Motion to Dismiss by Defendants Cambel, Alexzander, Alison, Renolds, Talisma, Walden, Carabul, Israel. Material placed in the oversized area A-2-6 of the Clerk's office. Text Only Entry (tlove, ) |
| Filing 25 MEMORANDUM regarding #23 MOTION to Dismiss filed by Alexzander, Cambel, Israel, Walden, Alison, Carabul, Renolds, Talisma. Motion referred to Magistrate Judge Cyrus Y. Chung, by Chief Judge Philip A. Brimmer on 7/22/2025. Text Only Entry (pablc8, ) |
| Filing 24 NOTICE re #23 MOTION to Dismiss of Conventionally Submitted Exhibits by Defendants Cambel, Alexzander, Alison, Renolds, Talisma, Walden, Carabul, Israel (Sobczyk, Kevin) |
| Filing 23 MOTION to Dismiss by Defendants Cambel, Alexzander, Alison, Renolds, Talisma, Walden, Carabul, Israel. (Attachments: #1 Exhibit Ex. A conventionally filed, #2 Exhibit Ex. B conventionally filed, #3 Exhibit Ex. C conventionally filed, #4 Exhibit Ex. D conventionally filed, #5 Exhibit Ex. E conventionally filed)(Sobczyk, Kevin) |
| Filing 22 MINUTE ENTRY for Status Conference held before Magistrate Judge Cyrus Y. Chung on 7/17/2025. FTR: C205. (Attachments: #1 Letter to Pro Se Litigant) (spric) |
| Filing 21 Mail Returned as Undeliverable re: #17 Summons Returned Executed, Addressed to CASE MANAGER FOR Zhanda Carey. (eluce, ) |
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Filing 20
ORDER REFERRING CASE to Magistrate Judge Cyrus Y. Chung 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 7/11/2025. Text Only Entry (pabsec, )
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| Filing 19 CASE REASSIGNED. Pursuant to #18 Consent to Jurisdiction of Magistrate Judge. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Cyrus Y. Chung. All parties do not consent. All future pleadings should be designated as 25-cv-1304-PAB. (Text Only Entry) (tlove, ) |
| Filing 18 CONSENT to Jurisdiction of Magistrate Judge by Defendants Cambel, Alexzander, Alison, Renolds, Talisma, Walden, Carabul, Israel All parties do not consent.. (Sobczyk, Kevin) |
| Filing 17 SUMMONS Returned Executed. Alexzander served on 6/30/2025, answer due 7/21/2025; Alison served on 6/30/2025, answer due 7/21/2025; Cambel served on 6/30/2025, answer due 7/21/2025; Carabul served on 6/30/2025, answer due 7/21/2025; Israel served on 6/30/2025, answer due 7/21/2025; Renolds served on 6/30/2025, answer due 7/21/2025; Talisma served on 6/30/2025, answer due 7/21/2025; Walden served on 6/30/2025, answer due 7/21/2025. (tlove, ) |
| Filing 16 NOTICE of Entry of Appearance by Kevin M. Sobczyk on behalf of Cambel, Alexzander, Alison, Renolds, Talisma, Walden, Carabul, IsraelAttorney Kevin M. Sobczyk added to party Cambel(pty:dft), Attorney Kevin M. Sobczyk added to party Alexzander(pty:dft), Attorney Kevin M. Sobczyk added to party Alison(pty:dft), Attorney Kevin M. Sobczyk added to party Renolds(pty:dft), Attorney Kevin M. Sobczyk added to party Talisma(pty:dft), Attorney Kevin M. Sobczyk added to party Walden(pty:dft), Attorney Kevin M. Sobczyk added to party Carabul(pty:dft), Attorney Kevin M. Sobczyk added to party Israel(pty:dft) (Sobczyk, Kevin) |
| Filing 15 Mail Returned as Undeliverable re: 13 Minute Order, Addressed to Case Manager for Zhanda Carey. (echa, ) |
| Filing 14 Utility Setting Hearing: Status Conference set for 7/17/2025 at 10:30 AM in Courtroom C205 before Magistrate Judge Cyrus Y. Chung. (Text Only Entry) (ggill, ) |
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Filing 13
MINUTE ORDER: Due to a conflict on the Court's calendar, it is hereby ORDERED that the Status Conference set on July 17, 2025 at 10:15 a.m. is RESET to 10:30 a.m. THIS IS A CHANGE IN TIME ONLY. Entered by Magistrate Judge Cyrus Y. Chung on 06/10/2025. Text Only Entry (spric)
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| Filing 12 PAYMENT RECEIVED from Zhanda Carey in the amount of $ 18.00; Receipt Number 114351; Initial Payment. (agryan) |
| Filing 11 AMENDED CERTIFICATE of Service by Clerk of Court re #1 Prisoner Complaint for Service of Process. (dgumb, ) |
| Filing 10 CERTIFICATE of Mailing re #9 Minute Order. Mailed to CASE MANAGER FOR Zhanda Carey #172236 Centennial Correctional Facility (CCF) P.O. Box 600 Canon City, CO 81215 and Zhanda Carey #172236 Centennial Correctional Facility (CCF) P.O. Box 600 Canon City, CO 81215 (dgumb, ) |
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Filing 9
MINUTE ORDER: The above-captioned case has been directly assigned to Magistrate Judge Cyrus Y. Chung pursuant to D.C.COLO.LCivR 40.1. Magistrate Consent Form due 7/10/2025. Status Conference set for 7/17/2025 10:15 AM in Courtroom C205 before Magistrate Judge Cyrus Y. Chung. Plaintiff shall notify all Parties who have not entered an appearance of the date and time of the Status Conference. Plaintiff shall participate in this conference by telephone. Plaintiff and his case manager, or a representative of the facility shall appear by telephone by calling the following conference line at the appointed time: Number: 571-353-2301, Access code: 198033559#. Entered by Magistrate Judge Cyrus Y. Chung on 5/14/2025. (dgumb, ) Modified on 5/14/2025 to add text(dgumb, ).
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| Filing 8 CERTIFICATE of Service by Clerk of Court re #1 Prisoner COMPLAINT for Service of Process. (dgumb, ) |
| 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. (dgumb, ) |
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Filing 6
ORDER DRAWING CASE. After review pursuant to D.C.COLO.LCivR 8.1(b), the Court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). Accordingly, it is ORDERED that this case be DRAWN to a presiding judge and, if applicable, to a magistrate judge, by Magistrate Judge Richard T. Gurley on 5/14/2025. [This case has been drawn to Magistrate Judge Cyrus Y. Chung for all further proceedings. All proceedings shall be designated as 25-cv-1304-CYC] (dgumb, )
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Filing 5
ORDER GRANTING LEAVE TO PROCEED PURSUANT TO 28 U.S.C. 1915. It is ORDERED that the Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 (ECF No. #4 ) is GRANTED. The Clerk of the Court shall send a copy of this order to the [email protected], by Magistrate Judge Richard T. Gurley on 5/13/2025. [Order emailed as ordered](dgumb, )
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| Filing 4 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 by Plaintiff Zhanda Carey. (Attachments: #1 Account statement)(dgumb, ) |
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Filing 3
ORDER Directing Plaintiff to Cure Deficiencies by Magistrate Judge Richard T. Gurley on 4/28/2025. (sphil, )
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| Filing 2 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (echa, ) |
| Filing 1 Prisoner COMPLAINT against Alexzander, Alison, Cambel, Carabul, Israel, Renolds, Talisma, Walden, filed by Zhanda Carey.(echa, ) |
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