Babaei v. Stancil et al
| Peyman Babaei |
| Moses Stancil, Amanda Retting, Justin Ensinger and Xaviera Turner |
| 1:2025cv01577 |
| May 19, 2025 |
| U.S. District Court for the District of Colorado |
| Timothy P O'Hara |
| Charlotte N Sweeney |
| Prisoner - Civil Rights (U.S. not a defendant) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 14, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 34 MOTION to Dismiss Plaintiff's Second Amended Complaint (ECF No. 29) by Defendants Justin Ensinger, Amanda Retting, Moses Stancil, Xaviera Turner. (Attachments: #1 Appendix Movant's Appendix to Motion to Dismiss)(Adams, Amy) |
| Filing 33 MOTION for Leave to Exceed Page Limit by Defendants Justin Ensinger, Amanda Retting, Moses Stancil, Xaviera Turner. (Lockefeer, Mark) |
Filing 32
MINUTE ORDER by Magistrate Judge Timothy P O'Hara on 10/30/2025. Defendants' Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Second Amended Complaint [ECF #30 ] is granted. Defendants' responsive pleading deadline is extended to and including November 14, 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.(ggill, )
|
| Filing 31 MEMORANDUM regarding #30 Motion for Extension of Time to File Answer or Otherwise Respond re #29 Amended Complaint. Motion #30 is referred to Magistrate Judge Timothy P O'Hara, by Judge Charlotte N. Sweeney on 10/30/2025. 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. Text Only Entry (cnsja, ) |
| Filing 30 MOTION for Extension of Time to File Answer or Otherwise Respond re #29 Amended Complaint by Defendants Justin Ensinger, Amanda Retting, Moses Stancil, Xaviera Turner. (Adams, Amy) |
| Filing 29 SECOND AMENDED VERIFIED PRISONER COMPLAINT against Justin Ensinger, Amanda Retting, Moses Stancil, Xaviera Turner, filed by Peyman Babaei [Filed per ECF #28 Minute Order].(ggill, ) |
|
Filing 28
MINUTE ORDER by Magistrate Judge Timothy P. O'Hara on 10/17/2025. Plaintiff's Motion for Leave to File Second Amended Complaint [ECF #24 ] is granted, and the Proposed Second Amended Verified Prisoner Complaint attached as an exhibit at ECF 24-1 is accepted as filed. The Clerk of Court is directed to file the Second Amended Complaint [ECF 24-1] as a separate docket entry. Defendants shall respond to the Second Amended Complaint within 14 days, i.e., by October 31, 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.(ggill, )
|
| Filing 27 NOTICE re #26 Minute Order,, #24 MOTION to Amend/Correct/Modify Notice of Non-Opposition to Plaintiff's Motion for Leave to File Second Amended Complaint at ECF No. 24 by Defendants Justin Ensinger, Amanda Retting, Moses Stancil, Xaviera Turner (Adams, Amy) |
|
Filing 26
MINUTE ORDER by Magistrate Judge Timothy P. O'Hara on 10/6/2025. This matter comes before the Court upon Plaintiff's Motion for Leave to File Second Amended Complaint in Light of Gambrel v. Stancil, 24-cv-01853-NYW-SBP [ECF #24 ]. The Court sets an expedited briefing schedule: Defendants shall file a response on or before October 20, 2025. Plaintiff may then reply on or before November 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. (ggill, )
|
| Filing 25 MEMORANDUM regarding #24 PLAINTIFF'S MOTION for Leave to File Second Amended Complaint in Light of Grambrel v. Stancil 24-cv-1853-NYW-SBP. Motion #24 is referred to Magistrate Judge Timothy P O'Hara, by Judge Charlotte N. Sweeney on 10/6/2025. 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. Text Only Entry (cnsja, ) |
| Filing 24 PLAINTIFF'S MOTION for Leave to File Second Amended Complaint in Light of Grambrel v. Stancil 24-cv-1853-NYW-SBP by Plaintiff Peyman Babaei. (Attachments: #1 Proposed Second Amended Verified Prisoner Complaint) (agryan) Modified on 10/3/2025 to attach proposed document (agryan). |
|
Filing 23
MINUTE ORDER by Magistrate Judge Timothy P. O'Hara on 9/30/2025. Defendants' Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs Amended Complaint [ECF #7 ] is granted. Defendants shall answer or otherwise respond on or before October 29, 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. (ggill, )
|
| Filing 22 MEMORANDUM regarding #21 MOTION for Extension of Time to File Answer or Otherwise Respond re #7 Amended Complaint filed by Amanda Retting, Xaviera Turner, Justin Ensinger, Moses Stancil. Motions referred to Magistrate Judge Timothy P O'Hara by Judge Charlotte N. Sweeney on 9/25/25. 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. Text Only Entry (jdyne, ) |
| Filing 21 MOTION for Extension of Time to File Answer or Otherwise Respond re #7 Amended Complaint by Defendants Moses Stancil, Amanda Retting, Justin Ensinger, Xaviera Turner. (Adams, Amy) |
| Filing 20 NOTICE of Entry of Appearance by Mark Christopher Lockefeer on behalf of Moses Stancil, Amanda Retting, Justin Ensinger, Xaviera TurnerAttorney Mark Christopher Lockefeer added to party Moses Stancil(pty:dft), Attorney Mark Christopher Lockefeer added to party Amanda Retting(pty:dft), Attorney Mark Christopher Lockefeer added to party Justin Ensinger(pty:dft), Attorney Mark Christopher Lockefeer added to party Xaviera Turner(pty:dft) (Lockefeer, Mark) |
| Filing 19 NOTICE of Entry of Appearance by Amy E.B. Adams on behalf of Moses Stancil, Amanda Retting, Justin Ensinger, Xaviera TurnerAttorney Amy E.B. Adams added to party Moses Stancil(pty:dft), Attorney Amy E.B. Adams added to party Amanda Retting(pty:dft), Attorney Amy E.B. Adams added to party Justin Ensinger(pty:dft), Attorney Amy E.B. Adams added to party Xaviera Turner(pty:dft) (Adams, Amy) |
| Filing 18 CERTIFICATE of Service by Mail by Clerk of Court re #17 Minute Order, to CASE MANAGER FOR Peyman Babaei #194890 Colorado Territorial Correctional Facility (CTCF) P.O. Box 1010 Canon City, CO 81215 & Peyman Babaei #194890 Colorado Territorial Correctional Facility (CTCF) P.O. Box 1010 Canon City, CO 81215-1010. (Text Only Entry) (ggill, ) |
|
Filing 17
MINUTE ORDER by Magistrate Judge Timothy P. O'Hara on 8/28/2025. Pursuant to the Order of Reference, this Court will hold a Preliminary Scheduling/ Status Conference on December 4, 2025, at 2:30 p.m. in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. This is an in-person proceeding for counsel. (Per Minute Order, Order was mailed to Case Manager) (ggill, )
|
| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Peyman Babaei. One party does not consent.. (sphil, ) |
| Filing 15 WAIVER OF SERVICE Returned Executed. Justin Ensinger waiver sent on 7/30/2025, answer due 9/29/2025; Moses Stancil waiver sent on 7/30/2025, answer due 9/29/2025; Xaviera Turner waiver sent on 7/30/2025, answer due 9/29/2025. (sphil, ) |
|
Filing 14
ORDER REFERRING CASE to Magistrate Judge Timothy P O'Hara 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 Local Civ. R. 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 hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Additionally, the parties are ordered to familiarize themselves with the Uniform Civil Practice Standards of both judicial officers assigned to this case which can be found #here (www.cod.uscourts.gov/JudicialOfficers). By Judge Charlotte N. Sweeney on 7/30/25. Text Only Entry (jdyne, )
|
| Filing 13 CERTIFICATE of Service, by Clerk of Court re #7 Amended Prisoner Complaint for Service of Process. (sphil, ) |
| Filing 12 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cmadr, ) |
|
Filing 11
ORDER by Judge Lewis T. Babcock on 29 July 2025. ORDERED that the Recommendation of United States Magistrate Judge (ECF No. #10 ) is ACCEPTED and ADOPTED. It is FURTHER ORDERED for the reasons stated in the Recommendation that Claim 3 in the amended Prisoner Complaint (ECF No. #7 ) be DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. 1915(e) (2)(B) as Heck-barred. It is FURTHER ORDERED for the reasons stated in the Recommendation that the amended Prisoner Complaint (ECF No. 7) be DRAWN IN PART pursuant to D.C.COLO.LCivR 8.1(c) as to Claims 1, 2, 4, and 5. (Case randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Timothy P. O'Hara. All future pleadings shall be designated: 25-cv-01577-CNS.) (cmadr, )
|
| Filing 10 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Richard T. Gurley on 2 July 2025. For these reasons, it is respectfully recommended that: Claim 3 in the amended Prisoner Complaint (ECF No. #7 ) be dismissedwithout prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) as Heck-barred; the amended Prisoner Complaint (ECF No. 7) be drawn in part pursuant toD.C.COLO.LCivR 8.1(c) as to Claims 1, 2, 4, and 5. (cmadr, ) |
|
Filing 9
ORDER OF REFERENCE TO UNITED STATES MAGISTRATE JUDGE by Judge Lewis T. Babcock on 2 July 2025. (cmadr, )
|
|
Filing 8
MINUTE ORDER by Magistrate Judge Richard T. Gurley on 1 July 2025. 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. (cmadr, )
|
| Filing 7 AMENDED COMPLAINT against Justin Ensinger, Amanda Retting, Moses Stancil, Xaviera Turner, filed by Peyman Babaei.(cmadr, ) |
|
Filing 6
ORDER TO FILE AMENDED PRISONER COMPLAINT. Plaintiff file, within thirty (30) days from the date of this order, an amended Prisoner Complaint that complies with all directives contained in this order. By Magistrate Judge Richard T. Gurley on 5/27/2025. (ccuen, )
|
| Filing 5 PAYMENT RECEIVED from Peyman Babaei in the amount of $ 350.00; Receipt Number 114342. (echa, ) |
|
Filing 4
ORDER GRANTING LEAVE TO PROCEED UNDER 28 U.S.C. 1915 by Magistrate Judge Richard T. Gurley on 20 May 2025. FURTHER ORDERED that the Clerk of Court shall send a copy of this order to [email protected]. (Mailed as Ordered.) (cmadr, )
|
| Filing 3 Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. By Plaintiff Peyman Babaei. (sadhi, ) |
| Filing 2 Case assigned to Magistrate Judge Richard T. Gurley. Text Only Entry. (sadhi, ) |
| Filing 1 VERIFIED PRISONER COMPLAINT against Justin Ensinger, Amanda Retting, Moses Stancil, Xaviera Turner, filed by Peyman Babaei.(sadhi, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. 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.
