O'Neil (PS) v. Atencio et al
Plaintiff: Shannon Shawn O'Neil
Defendant: Mariah Atencio, Sarah Cook, Claire Noonan, Denver County Department of Human Services, Samantha Metzger, Tim Sosinski, Elizabeth J. McCarthy, Vivian Burgos, Joshua Cook, Melinda Hernandez, Russell Araya and Julie Herrera-Rivera
Case Number: 1:2025cv02356
Filed: July 30, 2025
Court: U.S. District Court for the District of Colorado
Presiding Judge: Lewis T Babcock
Referring Judge: Richard T Gurley
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 13, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2025 Filing 34 JUDGMENT re: #33 Order on Report and Recommendations by Clerk on 11/13/2025. 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. (norlin, )
November 13, 2025 Opinion or Order Filing 33 ORDER The Recommendation of United States Magistrate Judge (ECF No. 29) is accepted and adopted. Plaintiffs Amended Complaint and Demand for Jury Trial (ECF No. 26) and the action are 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. 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 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 11/13/2025. 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.(norlin, )
November 7, 2025 Filing 32 Second AMENDED Federal Civil Rights COMPLAINT, filed by Shannon Shawn O'Neil.(norlin, )
November 5, 2025 Filing 31 OBJECTION to #29 Recommendation of United States Magistrate Judge filed by Plaintiff Shannon Shawn O'Neil. (pklin, )
November 4, 2025 Filing 30 SECOND AMENDED FEDERAL CIVIL RIGHTS COMPLAINT against City and County of Denver, et al., filed by Shannon Shawn O'Neil.(agryan)
October 22, 2025 Filing 29 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE For the reasons set forth herein, it is respectfully RECOMMENDED that the "Amended Complaint and Demand for Jury Trial" (ECF No. #26 ) 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 10/22/2025. 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. (norlin, )
October 22, 2025 Opinion or Order Filing 28 ORDER OF REFERENCE TO UNITED STATES MAGISTRATE JUDGE This civil action is referred to the named magistrate judge to proceed according to the designations marked (X) herein. No additional orders of reference are necessary. All motions, requests, letters, and any other document seeking court action are referred automatically for resolution or recommendation by the named magistrate judge. By Judge Lewis T. Babcock on 10/22/2025. 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. (norlin, )
October 21, 2025 Opinion or Order Filing 27 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 10/21/2025. 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. (norlin, )
October 2, 2025 Filing 26 AMENDED COMPLAINT against Mariah Atencio, Mariah (I) Atencio, Vivian Burgos, Joshua Cook, Sarah Cook, Denver County Department of Human Services, Melinda Hernandez, Elizabeth J. McCarthy, Samantha Metzger, Claire Noonan, Tim Sosinski, filed by Shannon Shawn O'Neil. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(norlin, )
September 22, 2025 Filing 25 AMENDED COMPLAINT and Demand for Jury Trial against Mariah Atencio, Mariah (I) Atencio, Vivian Burgos, Joshua Cook, Sarah Cook, Denver County Department of Human Services, Melinda Hernandez, Elizabeth J. McCarthy, Samantha Metzger, Claire Noonan, Tim Sosinski, filed by Shannon Shawn O'Neil.(norlin, )
September 8, 2025 Opinion or Order Filing 24 ORDER DENYING MOTIONS The "Emergency Motion for Temporary Restraining Order andEmergency Relief" (ECF No. #6 ), "Emergency Motion for Temporary Restraining Order" (ECF No. #9 ), "Emergency Supplemental Motion for Temporary Restraining Order and Immediate Relief" (ECF No. #14 ), and "Motion to File Exhibit A Evidence of Noncompliance With Court Order" (ECF No. #15 ) are denied. By Judge Lewis T. Babcock on 9/8/2025. 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.(norlin, )
September 5, 2025 Opinion or Order Filing 23 ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT It is ORDERED that the Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. #20 ) is granted. The "Motion to Proceed In Forma Pauperis Pursuant to 28 U.S.C. 1915" (ECF No. [2)] is denied as moot. Plaintiff shall file, within 30 days from the date of this Order, an amended complaint on the court-approved Complaint form. Ig Plaintiff fails to file an amended complaint within the time allowed, the action may be dismissed without further notice. The "Request for Issuance of Summons" (ECF No. #3 ) is denied without prejudice as premature. 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.(norlin, )
September 2, 2025 Filing 22 Supplemental Filing in Support of Plaintiff's #19 Amended Complaint, by Plaintiff Shannon Shawn ONeil. (norlin, )
September 2, 2025 Filing 21 NOTICE OF REVOCATION OF E-FILING PRIVILEGES re: #19 Amended Complaint, #20 Application to Proceed in District Court Without Prepaying Fees or Costs.. Shannon Shawn O'Neil received a First and Final Notice of Noncompliance on 8/13/2025. E-filer subsequently submitted the linked documents to be filed by the Clerk in violation of the Electronic Case Filing Procedures for the District of Colorado (Civil Cases), Section I, Paragraph 1.1. The Clerk hereby revokes e-filing privileges. All further service to this party should be effectuated by U.S. Mail. (Text Only Entry) (norlin, )
September 2, 2025 Filing 20 Application to Proceed in District Court Without Prepaying Fees or Costs. by Plaintiff Shannon Shawn ONeil. (norlin, )
September 2, 2025 Filing 19 AMENDED COMPLAINT against Mariah Atencio, Mariah (I) Atencio, Vivian Burgos, Joshua Cook, Sarah Cook, Denver County Department of Human Services, Melinda Hernandez, Elizabeth J. McCarthy, Samantha Metzger, Claire Noonan, Tim Sosinski, filed by Shannon Shawn ONeil.(norlin, )
August 13, 2025 Filing 18 FIRST AND FINAL NOTICE OF NONCOMPLIANCE: re: #17 Amended Complaint. Shannon Shawn O'Neil sought and received e-filing privileges on 8/12/2025. E-filer subsequently submitted the linked documents to be filed by the Clerk in violation of the Electronic Case Filing Procedures for the District of Colorado (Civil Cases), Section I, Paragraph 1.1. Failure to file future documents through the electronic case filing system will result in the revocation of electronic filing privileges. (Text Only Entry) (norlin, )
August 13, 2025 Filing 17 COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND OTHER CLAIMS, filed by Shannon Shawn ONeil.(norlin, )
August 12, 2025 Filing 16 NOTICE OF PRO SE E-FILING PRIVILEGES: Plaintiff, Shannon Shawn ONeil, sought and received e-filing privileges on 8/12/2025. All further service will be effectuated electronically via CM/ECF to the email address of record.(Text Only Entry) (dgumb, )
August 11, 2025 Filing 15 MOTION TO FILE EXHIBIT A - EVIDENCE OF NONCOMPLIANCE WITH COURT ORDER by Plaintiff Shannon Shawn ONeil. (norlin, )
August 11, 2025 Filing 14 EMERGENCY SUPPLEMENTAL MOTION FOR TEMPORARY RESTRAINING ORDER AND IMMEDIATE RELIEF by Plaintiff Shannon Shawn ONeil. (norlin, )
August 11, 2025 Filing 13 AMENDED COMPLAINT against Mariah Atencio, Mariah (I) Atencio, Vivian Burgos, Joshua Cook, Sarah Cook, Denver County Department of Human Services, Elizabeth J. McCarthy, Samantha Metzger, Claire Noonan, Tim Sosinski, filed by Shannon Shawn ONeil.(norlin, )
August 8, 2025 Filing 12 Corrected COMPLAINT against Mariah Atencio, Mariah (I) Atencio, Vivian Burgos, Joshua Cook, Sarah Cook, Elizabeth J. McCarthy, Samantha Metzger, Claire Noonan, Tim Sosinski, filed by Shannon Shawn ONeil.(norlin, )
August 7, 2025 Filing 11 NOTICE OF FILING OF AMENDED COMPLAINT AND EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER by Plaintiff Shannon Shawn ONeil (norlin, )[slightly different from ECF #10 ]
August 7, 2025 Filing 10 NOTICE OF FILING OF AMENDED COMPLAINT AND EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER by Plaintiff Shannon Shawn ONeil (norlin, )
August 7, 2025 Filing 9 EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER by Plaintiff Shannon Shawn ONeil. (Attachments: #1 Cover Letter)(norlin, )
August 6, 2025 Filing 8 Amended Civil Rights Complaint with RICO Claim against Mariah Atencio, Mariah (I) Atencio, Sarah Cook, Denver County Department of Human Services, Claire Noonan, filed by Shannon Shawn ONeil. (Attachments: #1 Cover Letter, #2 Exhibit, #3 Addendum)(norlin, )
August 5, 2025 Filing 7 SUPPLEMENTAL AFFIDAVIT by Plaintiff Shannon Shawn ONeil (norlin, )
August 4, 2025 Filing 6 EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND EMERGENCY RELIEF by Plaintiff Shannon Shawn ONeil. (Attachments: #1 Duplicate document)(norlin, )
July 31, 2025 Opinion or Order Filing 5 ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES Plaintiff shall cure 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. The dismissal shall be without prejudice. By Magistrate Judge Richard T. Gurley on 7/31/2025. (norlin, )
July 30, 2025 Filing 4 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (echa, )
July 30, 2025 Filing 3 REQUEST for Issuance of Summons by Plaintiff Shannon Shawn ONeil. (echa, )
July 30, 2025 Filing 2 MOTION to Proceed in Forma Pauperis Pursuant to 28 U.S.C. 1915 by Plaintiff Shannon Shawn ONeil. (echa, )
July 30, 2025 Filing 1 COMPLAINT for Violation of Civil Rights against Mariah Atencio, Mariah (I) Atencio, Sarah Cook, Denver County Department of Human Services, Claire Noonan, filed by Shannon Shawn ONeil. (Attachments: #1 Letter)(echa, )

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Defendant: Mariah Atencio
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Defendant: Sarah Cook
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Defendant: Claire Noonan
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Defendant: Denver County Department of Human Services
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Defendant: Samantha Metzger
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Defendant: Tim Sosinski
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Defendant: Elizabeth J. McCarthy
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Defendant: Vivian Burgos
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Defendant: Joshua Cook
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Defendant: Melinda Hernandez
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Defendant: Russell Araya
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Defendant: Julie Herrera-Rivera
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Plaintiff: Shannon Shawn O'Neil
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