Shauley v. Stancil et al
| Nicholas Lee Shauley |
| Andre Stancil, Janet Smith, Robert Aragon, Gary Benavidz, Melissa Brensing, Scott Burnett, Pamela Dang, Anthony DeCesaro, Adam Garcia, Christine Gennetta, Marshall Griffith, Jennifer Malebranche, Justin McBride, Jessica Nokes, Jerron Ritz, Jay Rocchi, Julie Russell, Gregory Smith, Shane Stucker, Casey Warner and Adrienne Sanchez |
| 1:2025cv02835 |
| September 9, 2025 |
| U.S. District Court for the District of Colorado |
| Cyrus Y Chung |
| Charlotte N Sweeney |
| Prisoner - Civil Rights (U.S. not a defendant) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
This docket was last retrieved on January 20, 2026. A more recent docket listing may be available from PACER.
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| Filing 41 Civil Case Terminated pursuant to the notice of dismissal filed in this case on 1/20/26 at ECF No. #40 . Text Only Entry (jdyne, ) |
| Filing 40 NOTICE of Voluntary Dismissal of Case by Plaintiff Nicholas Lee Shauley (Eutermoser, Brian) |
Filing 39
MINUTE ORDER: This matter is before the Court on the plaintiff's motion for appointment of counsel (the "Motion"). ECF No. #4 . As counsel has appeared for the plaintiff, ECF No. #38 , the Motion, ECF No. #4 , is DENIED as moot. Entered by Magistrate Judge Cyrus Y. Chung on 01/20/2026. Text Only Entry.(agryan)
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| Filing 38 NOTICE of Entry of Appearance by Brian J. Eutermoser on behalf of All Plaintiffs Attorney Brian J. Eutermoser added to party Nicholas Lee Shauley(pty:pla) (Eutermoser, Brian) |
| Filing 37 MINUTE ENTRY for Status Conference held on 12/18/2025 before Magistrate Judge Cyrus Y. Chung. The Defendant's Oral Motion to extend deadlines is GRANTED. Defendant shall answer or otherwise respond to Plaintiff's Complaint, ECF No. 1, on or before January 30, 2026. Defendant shall reply to Motion to Join Cases by Plaintiff, ECF No. 3, on or before January 30, 2026.The Prisoner Motion for in Person Appearances by Plaintiff, ECF No. 35, is DENIED for the reasons stated on the record. A Status Conference is set for 1/21/2026 at 09:00 AM in Courtroom C205 before Magistrate Judge Cyrus Y. Chung. Plaintiff shall participate in this conference by telephone. Conference line: Number: 571-353-2301 Access code: 198033559# FTR: C205. (spric) Modified on 12/19/2025 (spric, ). |
Filing 36
MEMORANDUM regarding #35 Motion for Order to filed by Nicholas Lee Shauley. Motion #35 is referred to Magistrate Judge Cyrus Y. Chung, by Judge Charlotte N. Sweeney on 12/17/2025. 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. Text Only Entry (cnsja, )
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| Filing 35 Prisoner MOTION for in Person Appearances by Plaintiff Nicholas Lee Shauley. (sphil, ) |
| Filing 34 NOTICE of Change of Address/Contact Information by Plaintiff Nicholas Lee Shauley (sphil, ) |
| Filing 33 MINUTE ENTRY for Status Conference held on 11/26/2025 before Magistrate Judge Cyrus Y. Chung. The defendants shall answer or otherwise respond to Plaintiff's Prisoner Complaint, ECF No. 1, on or before December 31, 2025. The defendants shall respond to the Motion to Join Cases, ECF No. 3, on or before December 31, 2025. A Status Conference is set for 12/18/2025 at 09:00 AM in Courtroom C205 before Magistrate Judge Cyrus Y. Chung. FTR: C205. (Attachments: #1 Letter to Pro Se Litigant) (spric) |
Filing 32
Minute Order: Motion to Vacate and Reset Status Conference Set for November 26, 2025, at 10:00 am (ECF No. #15 ), ECF No. #30 is DENIED. This is not a scheduling conference. Full briefing of a motion to dismiss is not necessary to hold an initial status conference. Entered by Magistrate Judge Cyrus Y. Chung 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. Text Only Entry (tlove, )
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Filing 31
MEMORANDUM regarding #30 Motion to Vacate #15 Minute Order and Reset Status Conference Set For November 26, 2025 at 10:00 AM. Motion #30 is referred to Magistrate Judge Cyrus Y. Chung, by Judge Charlotte N. Sweeney on 11/20/2025. 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. Text Only Entry (cnsja, )
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| Filing 30 MOTION to Vacate #15 Minute Order,, and Reset Status Conference Set For November 26, 2025 at 10:00 AM by Defendants Robert Aragon, Gary Benavidz, Melissa Brensing, Scott Burnett, Pamela Dang, Anthony DeCesaro, Adam Garcia, Christine Gennetta, Marshall Griffith, Jennifer Malebranche, Justin McBride, Jessica Nokes, Jerron Ritz, Jay Rocchi, Julie Russell, Adrienne Sanchez, Gregory Smith, Janet Smith, Andre Stancil, Shane Stucker, Casey Warner. (Rhea, Heather) |
Filing 29
Minute Order: The defendants Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Prisoner Complaint (ECF No. #1 ), ECF No. #25 , is GRANTED for good cause shown. It is further ORDERED that the CDOC Defendants shall answer or otherwise respond to Plaintiff's Complaint on or before December 17, 2025. Entered by Magistrate Judge Cyrus Y. Chung on 11/17/2025. 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. Text Only Entry (tlove, )
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| Filing 28 NOTICE Of Suggestion Of Death by Defendant Pamela Dang (Barrett, Philip) |
| Filing 27 MEMORANDUM regarding #25 Motion for Extension of Time to File Answer or Otherwise Respond re #1 Complaint. Motion #25 is referred to Magistrate Judge Cyrus Y. Chung. By Judge Charlotte N. Sweeney on 11/17/2025. 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. Text Only Entry (cnsja, ) |
| Filing 26 NOTICE of Suggestion of Death by Defendant Pamela Dang (Barrett, Philip) |
| Filing 25 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants Robert Aragon, Gary Benavidz, Melissa Brensing, Scott Burnett, Pamela Dang, Anthony DeCesaro, Adam Garcia, Christine Gennetta, Marshall Griffith, Jennifer Malebranche, Justin McBride, Jessica Nokes, Jerron Ritz, Jay Rocchi, Julie Russell, Adrienne Sanchez, Gregory Smith, Janet Smith, Andre Stancil, Shane Stucker, Casey Warner. (Barrett, Philip) |
| Filing 24 NOTICE of Entry of Appearance by Philip Timothy Barrett on behalf of Justin McBride, Jerron RitzAttorney Philip Timothy Barrett added to party Justin McBride(pty:dft), Attorney Philip Timothy Barrett added to party Jerron Ritz(pty:dft) (Barrett, Philip) |
| Filing 23 NOTICE of Entry of Appearance by Heather Rhea on behalf of Justin McBride, Jerron RitzAttorney Heather Rhea added to party Justin McBride(pty:dft), Attorney Heather Rhea added to party Jerron Ritz(pty:dft) (Rhea, Heather) |
| Filing 22 NOTICE of Entry of Appearance by Philip Timothy Barrett on behalf of Robert Aragon, Gary Benavidz, Melissa Brensing, Scott Burnett, Pamela Dang, Anthony DeCesaro, Adam Garcia, Christine Gennetta, Marshall Griffith, Jennifer Malebranche, Jessica Nokes, Jay Rocchi, Julie Russell, Adrienne Sanchez, Gregory Smith, Janet Smith, Andre Stancil, Shane Stucker, Casey Warner Attorney Philip Timothy Barrett added to party Robert Aragon(pty:dft), Attorney Philip Timothy Barrett added to party Gary Benavidz(pty:dft), Attorney Philip Timothy Barrett added to party Melissa Brensing(pty:dft), Attorney Philip Timothy Barrett added to party Scott Burnett(pty:dft), Attorney Philip Timothy Barrett added to party Pamela Dang(pty:dft), Attorney Philip Timothy Barrett added to party Anthony DeCesaro(pty:dft), Attorney Philip Timothy Barrett added to party Adam Garcia(pty:dft), Attorney Philip Timothy Barrett added to party Christine Gennetta(pty:dft), Attorney Philip Timothy Barrett added to party Marshall Griffith(pty:dft), Attorney Philip Timothy Barrett added to party Jennifer Malebranche(pty:dft), Attorney Philip Timothy Barrett added to party Jessica Nokes(pty:dft), Attorney Philip Timothy Barrett added to party Jay Rocchi(pty:dft), Attorney Philip Timothy Barrett added to party Julie Russell(pty:dft), Attorney Philip Timothy Barrett added to party Adrienne Sanchez(pty:dft), Attorney Philip Timothy Barrett added to party Gregory Smith(pty:dft), Attorney Philip Timothy Barrett added to party Janet Smith(pty:dft), Attorney Philip Timothy Barrett added to party Andre Stancil(pty:dft), Attorney Philip Timothy Barrett added to party Shane Stucker(pty:dft), Attorney Philip Timothy Barrett added to party Casey Warner (pty:dft) (Barrett, Philip) |
| Filing 21 NOTICE of Entry of Appearance by Heather Rhea on behalf of Robert Aragon, Gary Benavidz, Melissa Brensing, Scott Burnett, Pamela Dang, Anthony DeCesaro, Adam Garcia, Christine Gennetta, Marshall Griffith, Jennifer Malebranche, Jessica Nokes, Jay Rocchi, Julie Russell, Gregory Smith, Janet Smith, Andre Stancil, Shane Stucker, Casey Warner, Adrienne SanchezAttorney Heather Rhea added to party Robert Aragon(pty:dft), Attorney Heather Rhea added to party Gary Benavidz(pty:dft), Attorney Heather Rhea added to party Melissa Brensing(pty:dft), Attorney Heather Rhea added to party Scott Burnett(pty:dft), Attorney Heather Rhea added to party Pamela Dang(pty:dft), Attorney Heather Rhea added to party Anthony DeCesaro(pty:dft), Attorney Heather Rhea added to party Adam Garcia(pty:dft), Attorney Heather Rhea added to party Christine Gennetta(pty:dft), Attorney Heather Rhea added to party Marshall Griffith(pty:dft), Attorney Heather Rhea added to party Jennifer Malebranche(pty:dft), Attorney Heather Rhea added to party Jessica Nokes(pty:dft), Attorney Heather Rhea added to party Jay Rocchi(pty:dft), Attorney Heather Rhea added to party Julie Russell(pty:dft), Attorney Heather Rhea added to party Gregory Smith(pty:dft), Attorney Heather Rhea added to party Janet Smith(pty:dft), Attorney Heather Rhea added to party Andre Stancil(pty:dft), Attorney Heather Rhea added to party Shane Stucker(pty:dft), Attorney Heather Rhea added to party Casey Warner (pty:dft), Attorney Heather Rhea added to party Adrienne Sanchez(pty:dft) (Rhea, Heather) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Pamela Dang, Gary Benavidz. Pamela Dang waiver sent on 10/29/2025, answer due 12/29/2025; Gary Benavidz waiver sent on 10/29/2025, answer due 12/29/2025. (Rhea, Heather) |
| Filing 19 NOTICE of Change of Address/Contact Information by Plaintiff Nicholas Lee Shauley (sphil, ) |
| Filing 18 NOTICE of Change of Address/Contact Information by Plaintiff Nicholas Lee Shauley (sphil, ) |
| Filing 17 SUMMONS Returned Executed as to Justin McBride served on 9/26/2025, answer due 10/17/2025; and Jerron Ritz served on 9/27/2025, answer due 10/20/2025. (sphil, ) |
| Filing 16 RESTRICTED DOCUMENT - Level 3: Restricted Return of Service. (Attachments: #1 Return Service of Process)(sphil, ) |
Filing 15
MINUTE ORDER: The above-captioned case has been referred to Magistrate Judge Cyrus Y. Chung pursuant to an Order of Reference entered by District Judge Charlotte N. Sweeney on September 15, 2025. ECF No. 9 . Status Conference set for 11/26/2025 10:00 AM in Courtroom C205 before Magistrate Judge Cyrus Y. Chung. Plaintiff shall notify all Parties who have not entered an appearance of the date and time of the Scheduling/Status Conference. Entered by Magistrate Judge Cyrus Y. Chung on 9/22/2025. 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. [Copies mailed as ordered]. (tlove, )
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| Filing 14 CERTIFICATE of Service by Clerk of Court re 12 Order Regarding DOC Restricted Service, and #1 Prisoner Complaint for Service of Process on Defendants Justin Mcbride and Jerron Ritz. (sphil, ) |
| Filing 13 RESTRICTED DOCUMENT - Level 3: Memorandum. (sphil, ) |
Filing 12
ORDERED: (1) The United States Marshals Service is directed to effect service of process on defendant Justin McBride and Jerron Ritz at the address indicated on the Memorandum filed under restriction contemporaneously to this Text-Only Order; (2) access to the address contained in the Memorandum shall be Restricted Level 3 Under D.C.COLO.LCivR 7.2 pending further order of the court; (3) any return of service filed concerning this defendant shall be Restricted Level 3 pending further order of the court; (4) the clerk of the court is directed to file without restriction and open to public inspection a copy of the return of service which redacts the address where service was made or attempted. by Magistrate Judge Cyrus Y. Chung on 9/18/2025. 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. Text Only Entry (sphil, )
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| Filing 11 WAIVER OF SERVICE Returned Executed Robert Aragon waiver sent on 9/16/2025, answer due 11/17/2025; Gary Benavidz waiver sent on 9/16/2025, answer due 11/17/2025; Melissa Brensing waiver sent on 9/16/2025, answer due 11/17/2025; Scott Burnett waiver sent on 9/16/2025, answer due 11/17/2025; Pamela Dang waiver sent on 9/16/2025, answer due 11/17/2025; Anthony DeCesaro waiver sent on 9/16/2025, answer due 11/17/2025; Adam Garcia waiver sent on 9/16/2025, answer due 11/17/2025; Christine Gennetta waiver sent on 9/16/2025, answer due 11/17/2025; Marshall Griffith waiver sent on 9/16/2025, answer due 11/17/2025; Jennifer Malebranche waiver sent on 9/16/2025, answer due 11/17/2025; Jessica Nokes waiver sent on 9/16/2025, answer due 11/17/2025; Jay Rocchi waiver sent on 9/16/2025, answer due 11/17/2025; Julie Russell waiver sent on 9/16/2025, answer due 11/17/2025; Gregory Smith waiver sent on 9/16/2025, answer due 11/17/2025; Janet Smith waiver sent on 9/16/2025, answer due 11/17/2025; Andre Stancil waiver sent on 9/16/2025, answer due 11/17/2025; Shane Stucker waiver sent on 9/16/2025, answer due 11/17/2025; Casey Warner waiver sent on 9/16/2025, answer due 11/17/2025. (sphil, ) |
| Filing 10 CERTIFICATE of Service by Clerk of Court re #1 Prisoner Complaint for Service of Process. (sphil, ) |
Filing 9
ORDER REFERRING CASE to Magistrate Judge Cyrus Y. Chung for all motions. 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 Local Civ. R. 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 non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Additionally, the parties are ordered to familiarize themselves with the Uniform Civil Practice Standards of both judicial officers assigned to this case which can be found #here. Plaintiff's Motion to Join Cases (ECF No. #3 ) and Motion for Appointment of Counsel (ECF No. #4 ) are referred to Magistrate Judge Cyrus Y. Chung. By Judge Charlotte N. Sweeney 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. Text Only Entry (cnsja, )
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| Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jrobe, ) |
Filing 7
ORDER DRAWING CASE by Magistrate Judge Richard T. Gurley on 09/12/2025. Pursuant toD.C.COLO.LCivR 40.1(d)(1), the case will be assigned to Judge Charlotte N. Sweeney and to Magistrate Judge Cyrus Y. Chung. All future pleadings should be designated as 25-cv-02835-CNS. 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 6
ORDER GRANTING LEAVE TO PROCEED UNDER 28 U.S.C. 1915. It isORDERED that the Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 (ECF No. #2 ) is granted. It isFURTHER ORDERED that the Clerk of Court shall send a copy of this order to [email protected]. By Magistrate Judge Richard T. Gurley on 09/11/2025. 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 5 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 4 PRISONER MOTION for Appointment of Counsel by Plaintiff Nicholas Lee Shauley. (eguth, ) |
| Filing 3 MOTION to Join Cases by Plaintiff Nicholas Lee Shauley. (Attachments: #1 Copy of Motion to Join)(eguth, ) |
| Filing 2 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Nicholas Lee Shauley. (Attachments: #1 Copy of 1915)(eguth, ) |
| Filing 1 PRISONER COMPLAINT against Robert Aragon, Gary Benavidz, Melissa Brensing, Scott Burnett, Pamela Dang, Anthony DeCesaro, Adam Garcia, Christine Gennetta, Marshall Griffith, Jennifer Malebranche, Justin McBride, Jessica Nokes, Jerron Ritz, Jay Rocchi, Julie Russell, Gregory Smith, Janet Smith, Andre Stancil, Shane Stucker, Casey Warner, filed by Nicholas Lee Shauley.(eguth, ) |
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