Osollo v. Jackson et al
| Odyis Cruz Osollo |
| Ashley (I) Barry, Jennifer (I) Sherwood, Christina (I) Swanson and Montrose County |
| 1:2025cv02442 |
| August 7, 2025 |
| U.S. District Court for the District of Colorado |
| Gordon P Gallagher |
| Scott T Varholak |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 30, 2026. A more recent docket listing may be available from PACER.
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| Filing 35 CERTIFICATE of Service by Clerk of Court re #24 Amended Complaint for Service of Process pursuant to ECF 34 Minute Order. (Attachments: #1 Barry U.S. Marshal Service Form, #2 Sherwood U.S. Marshal Service Form, #3 Swanson U.S. Marshal Service Form, #4 Montrose County U.S. Marshal Service Form) (amona,) |
Filing 34
MINUTE ORDER Pursuant to 31 Minute Order and #33 Defendant Information/Addresses, Defendants shall be served at the addresses provided by Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/30/2026. 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. Text Only Entry (stvlc7, )
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| Filing 33 DEFENDANT INFORMATION/ADDRESSES by Plaintiff Odyis Cruz Osollo (amona,) |
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Filing 32
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 1/13/2026. Proposed Scheduling Order due 3/10/2026. Scheduling Conference set for 3/17/2026 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. 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. (sphil, )
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Filing 31
MINUTE ORDER This matter is before the Court sua sponte. Plaintiff has not provided addresses for the Defendants to this case in the operative Complaint [#24]. This information is necessary so that Defendants may be served. The Court directs Plaintiff to file a notice providing the addresses of the four Defendants indicated in the #24 Amended Complaint on or before 1/27/2026. SO ORDERED, by Magistrate Judge Scott T. Varholak 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. Text Only Entry (stvlc7, )
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Filing 30
ORDER REFERRING CASE to the assigned United States Magistrate Judge Scott T. Varholak. 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 D.C.COLO.LCivR 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 specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court levsponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding.By District Judge Gordon P. Gallagher 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. Text Only Entry. (amona, )
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Filing 29
ORDER DRAWING CASE. After review pursuant to D.C.COLO.LCivR 8.1(a), the court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). Accordingly, it is ORDERED that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. By Magistrate Judge Richard T. Gurley on 01/09/2026. Case randomly reassigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 25-cv-02442-GPG. 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 28
ORDER. It is ordered that Plaintiff's Emergency Federal Notice of Imminent Harm to Federal Witness Megan Osollo and Demand(s) for Judicial Intervention (ECF Nos. #25 & #26 ) are denied without prejudice, by Judge Lewis T. Babcock on 01/09/2026. 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.(agryan)
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Filing 27
MINUTE ORDER by Magistrate Judge Richard T. Gurley on 01/05/2026. Plaintiff filed a [Sixth] Amended Complaint (ECF No. #24 ) on December 4, 2025, in response to the November 21, 2025 Recommendation of United States Magistrate Judge (ECF No. #23 ) to dismiss this action. Although the amended pleading is untimely, the Court has accepted it. Therefore, the Recommendation of United States Magistrate Judge (ECF No. #23 ) is withdrawn. The [Sixth] Amended Complaint (ECF No. 24) will be reviewed pursuant to 28 U.S.C. 1915(e)(2)(B) and D.C.COLO.LCivR 8.1(a). 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.(agryan)
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| Filing 26 Emergency Federal Notice of Imminent Harm to Federal Witness, Megan Osollo and Demand for Judicial Intervention by Plaintiff Odyis Cruz Osollo. (amona, ) |
| Filing 25 Emergency Federal Notice of Imminent Harm to Federal Witness Megan Osollo And Demand for Judicial Intervention by Plaintiff Odyis Cruz Osollo. (amona, ) |
| Filing 24 AMENDED COMPLAINT against Ashley (I) Barry, Montrose County, Jennifer (I) Sherwood, Christina (I) Swanson, filed by Odyis Cruz Osollo. (amona,) Modified on 12/5/2025 to correct filing date (amona, ). |
| Filing 23 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. It is respectfully RECOMMENDED that the 42 U.S.C. 1983 claims for equitable relief asserted in the fifth amended Complaint (ECF No. #20 ) requesting this Court's intervention in a pending state court action be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction based on the abstention doctrine of Younger v. Harris, 401 U.S. 37 (1971). FURTHER RECOMMENDED that the Section 1983 claims for monetary relief asserted against Defendant Montrose County Department of Health and HumanServices, and against Defendants Cory D. Jackson, Ashley Barry, and JenniferSherwood in their official capacities, be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction based on Eleventh Amendment immunity. FURTHER RECOMMENDED that the Section 1983 claims for monetary relief asserted against Defendant Cory D. Jackson in his individual capacity be DISMISSED WITH PREJUDICE under 28 U.S.C. 1915(e)(2)(B)(iii) based on absolute immunity. FURTHER RECOMMENDED that the Section 1983 claims for monetary relief asserted against Defendant Mercedes from CASA be DISMISSED WITH PREJUDICE. FURTHER RECOMMENDED that the Section 1983 claims for monetary relief asserted against Defendant Christina Swanson be DISMISSED WITHOUT PREJUDICE. FURTHER RECOMMENDED that the Section 1983 claims for monetary and equitable relief asserted against Defendants Montrose County Sheriffs Department and Montrose County Jail Staff be DISMISSED WITHOUT PREJUDICE for lack of standing. By Magistrate Judge Richard T. Gurley on 11/21/2025. 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. (amona,) |
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Filing 22
ORDER OF REFERENCE to United States Magistrate Judge Richard T. Gurley.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 conductproceedings in this civil action. By Judge Lewis T. Babcock on 11/20/2025. (All future pleadings should be designated 25-cv-2442-LTB-RTG). 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
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 11/18/2025. (Case randomly reassigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Richard T. Gurley for all further proceedings. All future pleadings should be designated as 25-cv-2442-LTB) 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 20 FIFTH AMENDED COMPLAINT for Violations of Civil Rights (42 U.S.C 1983) and Request for Emergency Relief and Jury Trial against Ashley Barry, Ashley (I) Barry, Cory D. Jackson, Cory (I) D. Jackson, Mercedes, Montrose County Department of Human Services, Montrose County Jail Staff, Montrose County Sheriff's Department, Jennifer Sherwood, Jennifer (I) Sherwood, Christina Swanson, Christina (I) Swanson, filed by Odyis Cruz Osollo. (amona, ) |
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Filing 19
ORDER Directing Plaintiff to File a Fifth Amended Complaint. ORDERED that Plaintiff shall file, within thirty (30) days from the date of this order, a fifth amended Complaint on the court-approved general Complaint form that complies with the directives in this Order. If Plaintiff fails to file a fifth amended Complaint within the time allowed, some or all of this action may be dismissed for the reasons discussed above. By Magistrate Judge Richard T. Gurley on 9/15/2025. 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 18
ORDER Granting Leave to Proceed Pursuant to 28 U.S.C 1915. ORDERED that the Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. #17 ) is GRANTED. By Magistrate Judge Richard T. Gurley on 9/4/2025. (amona,)
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| Filing 17 Application to Proceed in District Court Without Prepaying Fees or Costs by Plaintiff Odyis Cruz Osollo. (amona,) |
| Filing 16 SUMMONS REQUEST by Plaintiff Odyis Cruz Osollo. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons)(amona,) |
| Filing 15 AMENDED COMPLAINT for Violation of Civil Rights Under 42 U.S.C 1983 against Ashley Barry, Clarkson, Espin, Hewitt, Stephanie Holzinger, Cory D. Jackson, Vincent Maffett, Theodore Moe, Montrose County Department of Human Services, Jennifer Sherwood, Brett Suppes, Christina Swanson, filed by Odyis Cruz Osollo. (Attachments: #1 Civil Cover Sheet)(amona,) |
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Filing 14
ORDER denying Motion for Temporary Restraining Order and Preliminary Injunctive Relief. ORDERED that the Emergency Motion for Temporary Restraining Order andPreliminary Injunction (ECF No. #11 ), and the duplicate Motion (ECF No. #12 ), filed on August 14, 2025, are DENIED. By Judge Lewis T. Babcock on 8/19/2025.(amona,)
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Filing 13
MINUTE ORDER. Plaintiff's request for extension of time (ECF No. #10 ), filed on August 14, 2025, is GRANTED in part as follows: Plaintiff shall comply with the August 7, 2025 Order Directing Plaintiff to Cure Deficiencies (ECF No. #4 ) on or before September 29, 2025. Plaintiff's request that the Court order Defendants to produce certain records is DENIED without prejudice as premature as this case in undergoing initial review. The Motions to Waive Fees (ECF Nos. #2 , #6 & #8 ) are DENIED as filed on the incorrect form. Likewise, the Complaints filed on August 8, 2025 (ECF No. #5 ), August 11, 2025 (ECF No. #7 ) and August 14, 2025 (ECF No. #9 ) are not filed on the court approved general Complaint form as directed in the August 7 Order. By Magistrate Judge Richard T. Gurley on 8/18/2025. (amona,) Modified on 8/19/2025 to correct title (amona, ).
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| Filing 12 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction to Halt Retaliatory Confinement and Secure the Immediate Release of Megan Osollo by Plaintiff Odyis Cruz Osollo. (amona,) Modified on 8/14/2025 to correct text (amona,). |
| Filing 11 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction to Halt Retaliatory Confinement and Secure the Immediate Release of Megan Osollo by Plaintiff Odyis Cruz Osollo. (amona,) |
| Filing 10 MOTION for Extension of Time Due to Defendant's Obstruction of Evidence Access by Plaintiff Odyis Cruz Osollo. (Attachments: #1 Cover Letter)(amona,) |
| Filing 9 FORMAL COMPLAINT Regarding Misconduct Against Megan Osollo (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(amona,) Modified on 8/14/2025 to correct text (amona,). |
| Filing 8 MOTION to Waive Fees by Plaintiff Odyis Cruz Osollo. (amona,) |
| Filing 7 COMPLAINT for Violation of Civil Rights Under 42 U.S.C 1983 against Julie Andress, Ashley Barry, Cory D. Jackson, Cory (I) D. Jackson, James Plumhoff, Jennifer Sherwood, filed by Odyis Cruz Osollo. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(amona,) Modified on 8/12/2025 to correct date (amona,). |
| Filing 6 MOTION to Waive Fees by Plaintiff Odyis Cruz Osollo. (amona,) |
| Filing 5 COMPLAINT for Violation of Civil Rights Under 42 U.S.C 1983 against Julie Andress, Ashley Barry, Cory D. Jackson, Cory (I) D. Jackson, James Plumhoff, Jennifer Sherwood, filed by Odyis Cruz Osollo. (Attachments: #1 Civil Cover Sheet)(amona,) |
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Filing 4
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES. It is ordered that Plaintiff cure the deficiencies designated 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, by Magistrate Judge Richard T. Gurley on 08/07/2025. (agryan)
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| Filing 3 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (echa, ) |
| Filing 2 MOTION to Waive Fees by Plaintiff Odyis Cruz Osollo. (Attachments: #1 Duplicate of Main Document)(echa, ) |
| Filing 1 COMPLAINT for Violation of Civil Rights Under 42 USC 1983 against Julie Andress, Ashley Barry, Cory D. Jackson, Cory (I) D. Jackson, James Plumhoff, Jennifer Sherwood, filed by Odyis Cruz Osollo. (Attachments: #1 Duplicate of Main Document, #2 Duplicate of Main Document, #3 Duplicate of Main Document, #4 Civil Cover Sheet, #5 Duplicate Civil Cover Sheet)(echa, ) |
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