Stone (PS) v. Bergman et al
| Dale S. Stone |
| Bergman and Executive Director of CDOC |
| 1:2025cv02283 |
| July 24, 2025 |
| U.S. District Court for the District of Colorado |
| Lewis T Babcock |
| Richard T Gurley |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 st - Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 13, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 22 JUDGMENT re: #21 ORDER on 1/13/2026. 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, ) Modified on 1/13/2026 to correct PDF (amona, ). |
Filing 21
ORDER. ORDERED that the Recommendation of United States Magistrate Judge (ECFNo. #19 ) is ACCEPTED and ADOPTED. The Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 (ECF No. #5 ) is DISMISSED WITHOUT PREJDUCE for failure to exhaust available state court remedies before seeking federal habeas corpus relief. Leave to proceed in forma pauperis on appeal isDENIED WITHOUT PREJUDICE to the filing of a motion seeking leave to proceed informa pauperis on appeal in the United States Court of Appeals for the Tenth Circuit. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this dismissal would not be taken in good faith. By Judge Lewis T. Babcock on 1/13/2026. 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, )
|
| Filing 20 OBJECTION to #19 Recent Recommendation filed by Petitioner Dale S. Stone. (Attachments: #1 Exhibit, #2 Exhibit, #3 Envelope)(amona,) |
| Filing 19 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re: #5 Amended Application for Writ of Habeas Corpus filed by Dale S. Stone, by Magistrate Judge Richard T. Gurley on 12/2/2025. 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. (tlove, ) |
|
Filing 18
ORDER OF REFERENCE TO UNITED STATES MAGISTRATE JUDGE by Judge Lewis T. Babcock on 12/2/2025. 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. 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. (tlove, )
|
|
Filing 17
MINUTE ORDER by Magistrate Judge Richard T. Gurley on 12/1/2025. 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. 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. (tlove, )
|
| Filing 16 OBJECTION to #15 Response to Amended Habeas Petition by Petitioner Dale S. Stone. (tlove, ) |
| Filing 15 Preliminary RESPONSE to #5 Amended Application for Writ of Habeas Corpus by Bergman, Executive Director of CDOC. (Attachments: #1 Exhibit A - 24CV24 Relevant Documents)(Ryan, Rebekah) |
|
Filing 14
MINUTE ORDER by Magistrate Judge Richard T. Gurley on 10/27/2025. Respondents' Motion for Extension of Time to File Preliminary Response (ECF No. #13 ) is GRANTED as follows. Respondent shall file a Preliminary Response no later than October 31, 2025. Within twenty-one days of the filing of the Preliminary Response, Applicant may file a Reply, if he desires. 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. (tlove, )
|
| Filing 13 MOTION for Extension of Time to file Preliminary Response by Respondents Bergman, Executive Director of CDOC. (Ryan, Rebekah) |
| Filing 12 Acceptance of Service on behalf of David Bergman. (tlove, ) |
| Filing 11 CERTIFICATE of Service by Clerk of Court re: #10 Order to File Preliminary Response for Service of Process. (tlove, ) |
|
Filing 10
ORDER TO FILE PRELIMINARY RESPONSE by Magistrate Judge Richard T. Gurley on 9/22/2025. It is ORDERED that within twenty-one (21) days from the date of this Order Respondent shall file a Preliminary Response that complies with this Order. It is FURTHER ORDERED that "Request to Amend Recent Filing" (ECF No. #4 ) and Prisoner's Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. 1915 and Fed. R. App. P. 24 (ECF No. #7 ) are denied as moot. 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. (tlove, )
|
| Filing 8 RESPONSE to Court Order re: Filing Fee, by Petitioner Dale S. Stone. (tlove, ) |
| Filing 7 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915, by Petitioner Dale S. Stone. (tlove, ) |
|
Filing 6
MINUTE ORDER. On July 24, 2025, the Court ordered Petitioner to cure certain filing deficiencies.(See ECF No. #3 ). Petitioner was specifically ordered to either submit a completePrisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 in aHabeas Corpus Action along with the required certificate showing the current balance inhis prison account or pay the $5.00 filing fee. (Id.)In response, Petitioner filed a "Request to Amend Recent Filing" (ECF No. #4 ) andan Amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241(ECF No. #5 ). These filings do not cure the designated deficiencies.The Court will give Petitioner one more opportunity and an extension of time tocomply with the Court's July 24 Order (ECF No. #3 ). Accordingly, on or beforeSeptember 19, 2025, Petitioner must either pay the filing fee or submit a fullycompleted and legible Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to28 U.S.C. 1915 in a Habeas Corpus Action on the court approved form with therequired certificate showing the current balance in his prison account.Petitioner is advised that dismissal is an appropriate disposition against a partywho disregards court orders and fails to proceed as required by court rules. This actionwill be dismissed without further notice if Petitioner fails to comply within the time allowed. By Magistrate Judge Richard T. Gurley on 8/20/2025. (tlove, )
|
| Filing 5 AMENDED APPLICATION for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, filed by Dale S. Stone. (tlove, ) |
| Filing 4 MOTION to Amend Recent Filing by Petitioner Dale S. Stone. (tlove, ) |
|
Filing 3
ORDER DIRECTING PETTIONER TO CURE DEFICIENCIES. It is ORDERED that Petitioner cure the deficiencies designated above within thirty (30) days from the date of this order. If Petitioner 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 7/24/2025. (tlove, )
|
| 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. (eguth, ) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241, filed by Dale S. Stone.(eguth, ) |
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.
