DeLeon (PS) v. Level Up Roofing LLC et al
| Thomas Joseph DeLeon, Sr. and Thomas Joseph DeLeon |
| Level Up Roofing LLC, Richard Dolan and Emily Smith |
| 1:2025cv02225 |
| July 18, 2025 |
| U.S. District Court for the District of Colorado |
| Lewis T Babcock |
| Richard T Gurley |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 24, 2025. A more recent docket listing may be available from PACER.
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| Filing 12 JUDGMENT by Clerk re: #11 Order on 09/24/2025. 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 11
Order by Judge Lewis T. Babcock on 09/24/2025. ORDERED that the Recommendation of United States Magistrate Judge (ECF No. #10 ) is accepted and adopted. The Complaint (ECF No. #1 ) and the action are dismissed without prejudice for lack of subject matter jurisdiction. In the alternative, the Complaint (ECF No. #1 ) 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. 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 10 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. It is respectfullyRECOMMENDED that the Complaint (ECF No. #1 ) and the action be dismissed without prejudice for lack of subject matter jurisdiction.2 It is FURTHER RECOMMENDED that, in the alternative, the Complaint (ECF No. #1 ) 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 09/02/2025. 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. (jrobe, ) |
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Filing 9
ORDER OF REFERENCE TO UNITED STATES MAGISTRATE JUDGE This action is under review pursuant to D.C.COLO.LCivR 8.1. 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 09/02/2025. 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. (jrobe, )
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Filing 8
MINUTE ORDER by Magistrate Judge Richard T. Gurley on 08/29/2025. 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. (agryan)
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Filing 7
ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT. It is ORDERED that Plaintiff shall file, within 30 days from the date of this Order, an amended complaint on the court-approved Complaint form. It is FURTHER ORDERED that Plaintiff shall obtain the court-approved Complaint form, along with the applicable instructions, at www.cod.uscourts.gov. It is FURTHER ORDERED that, 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 07/22/2025. (jrobe, )
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Filing 6
ORDER GRANTING PLAINTIFF LEAVE TO PROCEED PURSUANT TO 28 U.S.C. 1915 by Magistrate Judge Richard T. Gurley on 07/21/2025. It is ORDERED that the Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. 2) is GRANTED. It is FURTHER ORDERED that the "Motion for/to Marshal Service" (ECF No. 3), and a "Motion for/to Ex Parte Application" (ECF No. 4) are denied without prejudice as premature. It is FURTHER ORDERED that the court review the Complaint pursuant to 28 U.S.C. 1915(e)(2)(B). It is FURTHER ORDERED that process shall not issue at this time. It is FURTHER ORDERED that the United States Marshals Service shall serve process on any remaining Defendants for whom personal service is required if the case is later drawn to a district judge and/or a magistrate judge under D.C.COLO.LCivR 8.1(c).(jrobe, )
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| Filing 5 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (eguth, ) |
| Filing 4 MOTION for Ex Parte Application by Plaintiff Thomas Joseph DeLeon, Sr. (eguth, ) |
| Filing 3 MOTION for Marshal Service by Plaintiff Thomas Joseph DeLeon, Sr. (eguth, ) |
| Filing 2 Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) by Plaintiff Thomas Joseph DeLeon, Sr. (eguth, ) |
| Filing 1 COMPLAINT against Richard Dolan, Level Up Roofing LLC, Emily Smith, filed by Thomas Joseph DeLeon, Sr. (Attachments: #1 Civil Cover Sheet, #2 Attachments, #3 Summons)(eguth, ) |
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