Wakat (PS) v. Poe Boy Fleming Auto Salvage, Inc. et al
| August Wakat and Poe Boy Fleming Auto Salvage, Inc. |
| United States District Court Northern District of Oklahoma, Frizzell and Clint Johnson |
| 1:2025cv01672 |
| May 27, 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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This docket was last retrieved on October 29, 2025. A more recent docket listing may be available from PACER.
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| Filing 24 JUDGMENT by Clerk re: #23 Order on 10/29/2025. 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. (pklin, ) |
Filing 23
Order by Judge Lewis T. Babcock on 10/29/2025. ORDERED that Mr. Wakat's written objections (ECF No. #19 ) are OVER-RULED. The Recommendation of United States Magistrate Judge (ECF No. #13 ) is ACCEPTED and ADOPTED. The Complaint for Violation of Civil Rights (ECF No. #1 ) and this action are DISMISSED WITHOUT PREJUDICE. All pending motions are DENIED as moot. Leave to proceed in forma pauperis on appeal is DENIED WITHOUT PREJUDICE. 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, )
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Filing 22
MINUTE ORDER. On August 11, 2025, the Court issued a Recommendation of United States Magistrate Judge (ECF No. #13 ) to dismiss this action without prejudice because venue is not proper in the District of Colorado. Mr. Wakat filed a Notice of Appeal with the Tenth Circuit Court of Appeals on August 28, 2025. (See ECF No. #14 ). On September 23, 2025, the Tenth Circuit dismissed the appeal for lack of appellate jurisdiction because the August 11, 2025 Recommendation is not a final order or judgment. (See ECF No. #21 ). Mr. Wakat may file written objections to the August 11, 2025 Recommendation of United States Magistrate Judge on or before October 15, 2025. By Magistrate Judge Richard T. Gurley on 9/25/2025. 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,)
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Filing 21
ORDER of USCA as to #14 Notice of Appeal filed by August Wakat. (USCA Case No. 25-1339) In sum, this court lacks jurisdiction to consider Mr. Wakats appeal. The appeal is therefore dismissed. (amona,)
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Filing 20
MINUTE ORDER. Plaintiff's "Motion for Leave to Proceed In Forma Pauperis and Supporting Affidavit" (ECF No. #15 ) is DENIED. Plaintiff's appeal from a nonfinal order- the August 11, 2025 Recommendation of United States Magistrate Judge (ECF No. #13 )- is frivolous by Judge Lewis T. Babcock on 9/3/2025. (amona, )
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Filing 18
ORDER of USCA as to #14 Notice of Appeal filed by August Wakat. (USCA Case No. 25-1339) For the reasons described above, it appears this court lacks jurisdiction to consider the plaintiffs appeal. On or before September 16, 2025, the plaintiff shall show cause as to why this appeal should not be dismissed as premature. The plaintiff may choose not to respond to this order to show cause, and we will dismiss this appeal for lack of prosecution. 10th Cir. R. 42.1 (amona,)
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| Filing 17 USCA Case Number 25-1339 for #14 Notice of Appeal filed by August Wakat. (amona,) |
| Filing 16 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #14 Notice of Appeal filed by August Wakat to the U.S. Court of Appeals. (Pro Se, Fee not paid, 1915 motion filed,) (Attachments: #1 Preliminary Record and Docket Sheet)(amona,) |
| Filing 19 OBJECTION to Recommendation of Magistrate Judge and Leave to E-File filed by Plaintiff August Wakat. (amona,) |
| Filing 15 MOTION for Leave to Proceed on Appeal Under 28 U.S.C. 1915 by Plaintiff August Wakat. (amona,) |
| Filing 14 NOTICE OF APPEAL as to #13 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Plaintiff August Wakat. (Attachments: #1 Entry of Appearance, #2 Misdirected Letter from 10th Circuit, #3 Envelope) (amona,) |
| Filing 13 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. It is respectfully RECOMMENDED that the Complaint for Violation of Civil Rights (ECF No. #1 ) and this be DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. 1406(a) because venue is not proper in the District of Colorado. By Magistrate Judge Richard T. Gurley on 8/11/2025. (amona,) |
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Filing 12
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 8/8/2025. (All future pleadings should be designated as 25-cv-1672-LTB-RTG). (amona )
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Filing 11
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 8/6/2025. (amona,)
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| Filing 10 NOTICE re: Objection to Medical Statement by Plaintiff August Wakat (amona,) |
| Filing 9 PLAINTIFF'S MOTION to Join Additional Indispensable Parties and Request for Preliminary Relief by Plaintiff August Wakat. (amona,) |
| Filing 8 JOINT MOTION for Joinder of Parties by Plaintiff August Wakat. (amona,) |
| Filing 7 NOTICE of Correction to Case Caption by Plaintiff August Wakat (amona,) |
| Filing 6 PLAINTIFF'S MOTION for Joinder of Parties Under Rule 20(a)(2) by Plaintiff August Wakat. (amona,) |
| Filing 5 PLAINTIFF'S OBJECTION to Order to Show Cause and MOTION to Strike or Vacate for Lack of Legal Basis, Violation of Federal Rules, and Due Process Under Color of Law Pursuant to WAKAT V. HARLIB, 366 F.2d 633 (7th Cir. 1966) by Plaintiff August Wakat. (amona,) |
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Filing 4
ORDER TO SHOW CAUSE by Magistrate Judge Richard T. Gurley on 05/30/2025. ORDERED that Plaintiff August Wakat show cause in writing within thirty (30) days from the date of this order why the action should not be dismissed or transferred because of improper venue. FURTHER ORDERED that if Mr. Wakat fails to show good cause within the time allowed the action will be dismissed or transferred without further notice. (ggill, )
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| Filing 3 Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff August Wakat. (Attachments: #1 Envelope)(efoga, ) |
| Filing 2 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (efoga, ) |
| Filing 1 COMPLAINT for Violation of Civil Rights (Non-Prisoner Complaint) against Frizzell, Clint Johnson, Poe Boy Fleming Auto Salvage, Inc., United States District Court Northern District of Oklahoma, filed by August Wakat. (Attachments: #1 Exhibit, #2 Summons, #3 Envelope)(efoga, ) |
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