Melnick (PS) v. Nelson et al
| Hunter Adam Melnick |
| Tracy Nelson, Rodrigo Luevano, Jeff Dick and Moses Stancil |
| 1:2025cv03032 |
| September 26, 2025 |
| U.S. District Court for the District of Colorado |
| Lewis T Babcock |
| Richard T Gurley |
| Prisoner - Civil Rights (U.S. not a defendant) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 13, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 27 CERTIFICATE of Mailing by Clerk of Court re: #26 Order, to Denver County District Court. Text Only Entry. (echa, ) |
Filing 26
ORDER by Judge Lewis T. Babcock on 3/13/2026. It is ORDERED the state law claims asserted in the Amended Prisoner Complaint are REMANDED to the Denver District Court, case number 25CV611, pursuant to 28 U.S.C. 1447(c). The Clerk of this Court is directed to mail a certified copy of this Order to the clerk of the Denver County District Court. Plaintiff's Motion for Status (ECF No. #23 ), filed on January 20, 2026, and Motion to Clarify Due Dates (ECF No. #25 ), filed on March 9, 2026, are DENIED WITHOUT PREJUDICE 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.(echa, )
|
| Filing 25 MOTION to Clarify Due Dates by Plaintiff Hunter Adam Melnick. (eluce, ) |
| Filing 24 OBJECTION to #22 Recommendation of United States Magistrate Judge filed by Plaintiff Hunter Adam Melnick. (amona,) |
| Filing 23 MOTION for Status by Plaintiff Hunter Adam Melnick. (cmadr, ) |
| Filing 22 RECOMMENDATION of United States Magistrate Judge. It is respectfully recommended that 42 U.S.C. 1983 claims asserted in the amended Prisoner Complaint (ECF No. #19 ) against the Defendants in their official capacities for monetary and retrospective declaratory relief be dismissed without prejudice for lack of subject matter jurisdiction based on Eleventh Amendment immunity; that the 1983 claims for monetary relief asserted against Defendants Dick and Luevano, members of the Colorado State Board of Parole, in their individual capacities, be dismissed with prejudice based on absolute immunity, pursuant to 28 U.S.C. 1915(e)(2)(B)(iii); that the Fourteenth Amendment due process claim asserted against Defendants Tracy Nelson and Andre Stancil be dismissed with prejudice as legally frivolous pursuant to 28 U.S.C. 1915(e)(2)(B)(i); and that the Fourteenth Amendment equal protection claim asserted against Defendants Tracy Nelson and Andre Stancil be dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for Plaintiff's failure to comply with Fed. R. Civ. P. 8(a). It is further recommended the state law claims asserted in the amended Prisoner Complaint be remanded to the Denver District Court, case number 25CV611, pursuant to 28 U.S.C. 1447(c), by Magistrate Judge Richard T. Gurley on 01/16/2026. 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) |
|
Filing 21
ORDER OF REFERENCE TO UNITED STATES MAGISTRATE JUDGE. 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 1/15/2026. [All future pleadings should be designated as 25-cv-3032-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, )
|
|
Filing 20
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 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 19 AMENDED PRISONER COMPLAINT against Jeff Dick, Rodrigo Luevano, Tracy Nelson, Moses Stancil, filed by Hunter Adam Melnick.(agryan) |
|
Filing 18
ORDER. ORDERED that the "Objection to Removal and Request for a Stay" (ECF No. #14 ), filed on October 6, 2025, is DENIED. Plaintiff shall file an amended Prisoner Complaint, as directed in the September 30, 2025 Order (ECF No. #11 ), within 30 days from the date of this Order. Failure to file an amended Prisoner Complaint by the deadline may result in dismissal of some or all of this action.The Motion for Referral for Appointment of Pro Bono Counsel (ECF No. #15 ) and Motion to Serve Tracy Nelson (ECF No. #17 ), filed on October 14, 2025, are DENIED WITHOUT PREJUDICE as premature while this case is in initial review. The Motion to Clarify (ECF No. #16 ), filed on October 14, 2025, is GRANTED insofar as the Court has clarified the status of Plaintiffs pending state law claims in this Order. By Magistrate Judge Richard T. Gurley on 10/17/2025. 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. (amona,)
|
| Filing 17 MOTION to Serve Tracy Nelson by Plaintiff Hunter Adam Melnick. (amona,) |
| Filing 16 MOTION to Clarify by Plaintiff Hunter Adam Melnick. (amona,) |
| Filing 15 MOTION for Referral for Appointment of Pro Bono Counsel by Plaintiff Hunter Adam Melnick. (amona,) |
| Filing 14 Objection to Removal and Request for Stay by Plaintiff Hunter Adam Melnick. (amona,) Modified on 10/7/2025 to add gavel (amona,). |
| Filing 13 NOTICE of Entry of Appearance by Mark Christopher Lockefeer on behalf of Rodrigo Luevano, Jeff Dick, Stancil Attorney Mark Christopher Lockefeer added to party Rodrigo Luevano(pty:dft), Attorney Mark Christopher Lockefeer added to party Jeff Dick(pty:dft), Attorney Mark Christopher Lockefeer added to party Stancil (pty:dft) (Lockefeer, Mark) |
| Filing 12 NOTICE of Entry of Appearance by Joshua G. Urquhart on behalf of Rodrigo Luevano, Jeff Dick, Stancil (Urquhart, Joshua) |
|
Filing 11
ORDER Directing Plaintiff to File and Amended Complaint. ORDERED that Mr. Melnick shall file, within thirty (30) days from the date of this order, an amended pleading on the court-approved Prisoner Complaint form, that complies with the directives in this order. If Mr. Melnick fails to file an amended prisoner complaint within the time allowed, the action may be dismissed for the reasons discussed above. By Magistrate Judge Richard T. Gurley on 9/30/2025. 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,)
|
| Filing 10 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (eluce, ) |
| Filing 9 STATE COURT ORDER GRANTING Motion for Enlargement of Time by Christopher Jay Baumann, District Court Judge, Denver County on 9/18/2025. (eluce, ) |
| Filing 8 RETURN of Service of Order, Motion, Summons, complaint, Exhibits upon Rodrigo Luevano on 9/8/2025. (eluce, ) |
| Filing 7 RETURN of Service of Order, Motion, Summons, Complaint, Exhibits upon Jeff Dick on 9/8/2025. (eluce, ) |
| Filing 6 RETURN of Service of District Court CV Summons, Complaint, Exhibit, Order, Motion to Serve upon Colorado Attorney General on 8/28/2025. (eluce, ) |
| Filing 5 RETURN of Service of District Court Civil Summons, Order Re: Motion to Serve, attachment, Complaint, Exhibit upon Moses Stancil on 8/27/2025. (eluce, ) |
| Filing 4 COMPLAINT against Colorado Attorney General's Office, Jeff Dick, Rodrigo Luevano, Tracy Nelson, Stancil, filed by Hunter Adam Melnick.(eluce, ) |
| Filing 3 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (eluce, ) |
| Filing 2 ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (eluce, ) |
| Filing 1 NOTICE OF REMOVAL by Stancil, Jeff Dick, Rodrigo Luevano, Colorado Attorney General's Office from Denver, Case Number 25CV611. (Filing fee $ 405, Receipt Number ACODC-10578298), filed by Stancil, Jeff Dick, Rodrigo Luevano, Colorado Attorney General's Office. (Attachments: #1 Exhibit A - State Court Complaint (served), #2 Exhibit B - State Court Proof of Service (Stancil), #3 Exhibit C - State Court non-service of Tracy Nelson, #4 Exhibit D - State Court Complaint (filed), #5 Exhibit E - State Court Plaintiff's Motion to Serve, #6 Exhibit F - State Court Filing Order Granting Inmate IFP, #7 Exhibit G - State Court Filing Granting Motion to Serve, #8 Exhibit H - State Court Summons - Stancil, #9 Exhibit I - State Court Summons - Luevano, #10 Exhibit J - State Court Summons - AG, #11 Exhibit K - State Court Summons - Dick, #12 Exhibit L - State Court Summons - Nelson, #13 Exhibit M - State Court Return Mail, #14 Exhibit N - State Court Return of Service - AG, #15 Exhibit O - State Court Return of Service - Jeff Dick, #16 Exhibit P - State Court Return of Service Rodrigo Luevano, #17 Exhibit Q - State Court Entry of Appearance (Mark Lockefeer), #18 Exhibit R - State Court Motion for Extension of Time, #19 Exhibit S - State Court Order Granting Motion for Extension, #20 Exhibit T - State Court Register of Actions)(Urquhart, Joshua) |
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.
