Carter v. Weekly et al
Plaintiff: Sidney J Carter
Defendant: Darren Weekly, John Kellner, Donald Wagner, Troy Crosswhite, Well-Path HSA HQ, Hall, Render, Killian, Layman, Brian Sabey, DSCO, Brian Olds and Brian Patrick Fields
Case Number: 1:2025cv01432
Filed: May 14, 2025
Court: U.S. District Court for the District of Colorado
Presiding Judge: Lewis T Babcock
Referring Judge: Richard T Gurley
Nature of Suit: Prisoner - Civil Rights (U.S. not a defendant)
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 23, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 23, 2025 Opinion or Order Filing 25 Order by Judge Lewis T. Babcock on 10/23/2025. ORDERED that Plaintiff's "Motion to Quash Recommendation to Dismiss by Magistrate Richard Gurley" (ECF No. #23 ) and Plaintiff's Motion for Summary Judgment Under Rule 56(a)" (ECF No. #24 ) are DENIED. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (pklin, )
October 20, 2025 Filing 24 MOTION for Summary Judgment by Plaintiff Sidney J Carter. (tlove, )
October 20, 2025 Filing 23 MOTION to Quash by Plaintiff Sidney J Carter. (tlove, ) Modified on 10/21/2025 to add PDF (tlove, ).
September 30, 2025 Filing 22 JUDGMENT by Clerk re: #21 ORDER on 9/30/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (amona,)
September 30, 2025 Opinion or Order Filing 21 ORDER. ORDERED that the Recommendation of United States Magistrate Judge (ECFNo. #18 ) is accepted and adopted. The second amended Prisoner Complaint (ECF No. #15 ) and the action are dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Plaintiff failed to comply with the pleading requirements of Rule 8. 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. The Prisoner Motion for Appointment of Counsel (ECFNo. #20 ) is denied. By Judge Lewis T. Babcock on 9/30/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record.(amona,)
September 18, 2025 Filing 20 Prisoner Motion for Appointment of Counsel by Plaintiff Sidney J Carter. (amona,)
September 15, 2025 Filing 19 Motion Objecting to #18 Magistrate's Recommendation to Dismiss filed by Plaintiff Sidney J Carter. (amona,)
September 5, 2025 Filing 18 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. It is respectfully RECOMMENDED that the second amended Prisoner Complaint (ECF No. 15) and the action be dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to comply with the pleading requirements of Rule 8. By Magistrate Judge Richard T. Gurley on 9/5/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (amona, )
September 4, 2025 Opinion or Order Filing 17 ORDER OF REFERENCE to United States Magistrate Judge. 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 9/4/2025. (amona, )
September 3, 2025 Filing 16 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 9/3/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (amona,)
August 28, 2025 Filing 15 AMENDED PRISONER COMPLAINT against DSCO, Brian Patrick Fields, Hall, Render, Killian, Layman, John Kellner, Tessa Kelly, Brian Olds, Brian Sabey, Spine One Inc., Darren Weekly, filed by Sidney J Carter. (Attachments: #1 Exhibits, #2 Exhibits)(amona,)
August 25, 2025 Filing 14 EXHIBITS by Plaintiff Sidney J Carter. (amona,)
August 7, 2025 Opinion or Order Filing 13 MINUTE ORDER. The Prisoner Motion for Appointment of Counsel (ECF No. #12 ) filed by Plaintiff on August 6, 2025, is DENIED without prejudice as premature because the case remains under initial review. By Magistrate Judge Richard T. Gurley on 8/7/2025.(amona,)
August 6, 2025 Filing 12 PRISONER MOTION for Appointment of Counsel by Plaintiff Sidney J Carter. (amona,)
July 18, 2025 Filing 11 NOTICE re: Decleration of Service filed in Douglas County by Plaintiff Sidney J Carter (amona,)
July 18, 2025 Opinion or Order Filing 10 MINUTE ORDER. This matter is before the Court on the letter (ECF No. #9 ) filed July 17, 2025, in which Plaintiff requests an additional sixty days to file a second amended complaint. The request for extension of time (ECF No. #9 ) is GRANTED in part as follows: Plaintiff shall have up to and including August 25, 2025, to file a second amended complaint. Plaintiff is reminded that the action may be dismissed without further notice if he fails to file a second amended complaint as previously directed within the time allowed. Plaintiff also is advised that any request for a court order must comply with Rule 7 of the Federal Rules of Civil Procedure. Pursuant to Rule 7(b)(1), "[a] request for a court order must be made by motion." Furthermore, "[t]he rules governing captions and other matters of form in pleadings apply to motions and other papers." Fed. R. Civ. P. 7(b)(2). By Magistrate Judge Richard T. Gurley on 7/18/2025.(amona,)
July 17, 2025 Filing 9 MOTION for Extension of Time by Plaintiff Sidney J Carter. (amona,)
June 25, 2025 Filing 8 Letter from Sidney J Carter. (tlove, )
June 25, 2025 Opinion or Order Filing 7 ORDER DIRECTING PLAINTIFF TO FILE SECOND AMENDED COMPLAINT. It is ORDERED that Plaintiff shall file, within 30 days from the date of this Order, a second amended complaint on the court-approved Prisoner Complaint form. If Plaintiff fails to file a second amended complaint within the time allowed, the action may be dismissed without further notice. By Magistrate Judge Richard T. Gurley on 6/25/2025. (tlove, )
June 20, 2025 Filing 6 AMENDED PRISONER COMPLAINT against Troy Crosswhite, John Kellner, Donald Wagner, Darren Weekly, Well-Path HSA HQ, filed by Sidney J Carter. (amona,)
May 22, 2025 Opinion or Order Filing 5 ORDER Directing Plaintiff to File Amended Complaint. ORDERED that Plaintiff shall file, within 30 days from the date of this Order, an amended complaint on the court-approved Prisoner Complaint form. If Plaintiff fails to file an amended complaint within the time allowed, the action may be dismissed without further notice. By Magistrate Judge Richard T. Gurley on 5/22/2025. (amona,)
May 21, 2025 Filing 4 Filing fee: $ 405, receipt number #114317 (sadhi, )
May 15, 2025 Opinion or Order Filing 3 ORDER Directing Plaintiff to Cure Deficiencies. It is ORDERED that Plaintiff cure all of the deficiencies designated above within thirty (30) days from the date of this order. If Plaintiff fails to cure all of the designated deficiencies within thirty (30) days from the date of this order, the action will be dismissed without further notice. By Magistrate Judge Richard T. Gurley on 5/15/2025. (amona,)
May 14, 2025 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. (sadhi, )
May 14, 2025 Filing 1 COMPLAINT against Jake Adkins, Jessica Barnhart, Emily Barron, Amy Barros, Tim Beals, City of Lone Tree, Cindy Ann Clayton, Darren Costellano, N. Crossley, Daniel F. DeGennaro, C. Duran, Dylan Fair, LaTonia Farr, Steven Garcia, Robert Gessman, Hall, Render, Killian, Layman, John Hastings, J. Hill, Andrew Holton, Nicole Horton, Abigail Hosier, Sheryl IIowiecka, Jon W. Ippolito, Alejandra Bellmar Jimenez, John Kellner, Tessa Kelly, Khan, K. Kush, B. Lando, Justin Lane, Ryan Locke, Lucas McCullough, Mr. Barnet, Mr. Briggs, Mr. Browner, Mr. Burgos, Mr. Guzman, Mr. Hackney, Mr. Holbert, Mr. Wanderlich, Mr. Wynn, Jazzy Nazari, Roberto Negron, Andrew North, Darren O'Driscoll, Jesus Olivas, A. Palamarchak, Mark Peter Pane, Marical Pavlova, B. Penninton, Ron Penson, C. Peralta, M. Pereira, Justin Risdall, Kyle Robertson, Lizbeth M. Ruiz, Mark Sabey, Mindy Sanchez, Authumn Santellana, Janice Scott, Yineska Vargas Sepulveda, Irene Serunkuma, Michael Smith, Spine One Inc., Krystine Temirbolatov, Molly Turner, Darren Weekly, Deonna Weil, Well-Path HSA HQ DCSO Provider, Kevin Wilson, Michele Wingrove, Christopher Zacuman, Amanda Zamora, filed by Sidney J Carter. (Attachments: #1 Envelope, #2 Continuation of Main Document, #3 Notice)(sadhi, )

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Plaintiff: Sidney J Carter
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Defendant: Darren Weekly
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Defendant: John Kellner
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Defendant: Donald Wagner
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Defendant: Troy Crosswhite
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Defendant: Well-Path HSA HQ
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Defendant: Hall, Render, Killian, Layman
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Defendant: Brian Sabey
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Defendant: DSCO
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Defendant: Brian Olds
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Defendant: Brian Patrick Fields
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