Allen v. Barragan
| Edward Allen, Edward Clutts and Edward Morgan |
| Barragan |
| 1:2025cv03308 |
| October 20, 2025 |
| U.S. District Court for the District of Colorado |
| Timothy P O'Hara |
| Charlotte N Sweeney |
| Prisoner - Civil Rights (U.S. not a defendant) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 24
ORDER: Before the Court is Plaintiff's Petition for Rehearing. ECF No. #23 . In it, Plaintiff asks the Court to reconsider the order issued by Judge Lewis T. Babcock, ECF No. #15 , which affirmed the Recommendation of United States Magistrate Judge Gurley, ECF No. #13 (the Recommendation), and found that "[n]o timely objection" was filed in response to the Recommendation, see ECF No. #15 at 2. Plaintiff argues that his objection to the Recommendation which was dated March 12, 2026, but not docketed until March 16, 2026 was timely "[i]f the court would allow for three days for delivery" of the Recommendation to Plaintiff, and thus should have been considered in connection with the Court's review of the Recommendation. See ECF No. #23 at 1-2 (citing ECF No. #14 ). Plaintiff is correct that under Federal Rule of Civil Procedure 6(d), because the Recommendation was served on him via U.S. mail, he had an additional three days to file an objection to the Recommendation on top of the 14-day objection period provided by Rule 72(b). Because the Recommendation was sent to Plaintiff on February 23, 2026, the additional three days provided added by Rule 6(d) pushed Plaintiff's deadline to object to the Recommendation to March 12, 2026. This is the same date of Plaintiff's objection. See ECF No. #14 . Although the objection does not expressly state when Plaintiff handed his objection to prison officials for mailing, because he is proceeding pro se, the Court construes his filing liberally, see, e.g., Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991), and assumes that he did so on March 12, 2023. Thus, Plaintiff's objection to the Recommendation, ECF No. 14, is timely and should have been considered. See, e.g., Price v. Philipot, 420 F.3d 1158, 116365 (10th Cir. 2005) (pro se prisoner's document considered timely if submitted to prison officials for mailing prior to filing deadline, regardless of when the court receives the document). Accordingly, Plaintiff's Petition for Rehearing, ECF No. #23 , is GRANTED. Plaintiff's objection to the Recommendation, ECF No. #14 , shall be reinstated, and the Court will reconsider the order affirming the Recommendation in light of the arguments contained in the objection. By Judge Charlotte N. Sweeney on 4/10/2026. 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(cnsja, )
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| Filing 23 Petition for Rehearing by Plaintiff Edward Allen. (ggill, ) |
| Filing 22 RESTRICTED DOCUMENT - Level 3: Memorandum. (sphil, ) Modified on 3/25/2026 to edit file date. (sphil, ). |
| Filing 21 WAIVER OF SERVICE Returned Unexecuted by Edward Allen as to Frances Falk, Trevis Mariar, Eric Mitchel, Wilson are no longer CDOC Employees. JOHN DOE BVCC Captain cannot be identified as a current CDOC employee. (sphil, ) |
| Filing 20 WAIVER OF SERVICE Returned Executed Barragan waiver sent on 3/20/2026, answer due 5/19/2026; Layton waiver sent on 3/20/2026, answer due 5/19/2026; Moody waiver sent on 3/20/2026, answer due 5/19/2026. (sphil, ) |
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Filing 19
ORDER REFERRING CASE to Magistrate Judge Timothy P O'Hara 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 (www. cod.uscourts.gov/JudicialOfficers). By Judge Charlotte N. Sweeney on 3/20/26. 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 (jdyne, )
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| Filing 18 CERTIFICATE of Service, by Clerk of Court re #10 Second Amended Complaint for Service of Process. (sphil, ) |
| Filing 17 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (ccuen, ) |
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Filing 16
ORDER REASSIGNING CASE by Magistrate Judge Richard T. Gurley on 3/19/2026. Case randomly reassigned to Judge Charlotte N. Sweeney for all further proceedings and drawn to Magistrate Judge Timothy P O'Hara. All future pleadings should be designated as 25-cv-03308-CNS. (Pursuant to ECF #15 Order.) Text Only Entry. 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. (ccuen, ) Modified on 3/20/2026 to edit linkage. (sphil, ). Modified on 3/20/2026 to edit docket text for MJ drawn (ccuen, ).
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Filing 15
ORDER. the Recommendation of United States Magistrate Judge (ECF No. #13 ) is ACCEPTED AND ADOPTED. It is FURTHER ORDERED that Claims One and Two asserted against Defendants Falk, Mitcheil, Mariar, Layton, Wilson, Moody and John Doe in their individual capacities are dismissed with prejudice as untimely under the applicable statute of limitations. As such, Defendants Falk, Mitcheil, Mariar, Layton, Wilson, Moody and John Doe are dismissed as parties in this action. It is FURTHER ORDERED that Claim Three asserted against Defendant Barragan in his individual capacity be drawn to a presiding judge and, if appropriate, a magistrate judge, by Judge Lewis T. Babcock on 3/17/2026. 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.(ccuen, )
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| Filing 14 OBJECTION to Magistrates Recommendation #13 filed by Plaintiff Edward Allen. (agryan) Modified on 4/13/2026 to add gavel per chambers. (sphil, ). |
| Filing 13 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. Claims One and Two in the Second Amended Prisoner Complaint (ECF No. #10 ) be dismissed with prejudice as untimely, and that Defendants Falk, Mitcheil, Mariar, Layton, Wilson, Moody, and John Doe be dismissed as parties in this action. Claim Three asserted against Defendant Barragan in his individual capacity in the Second Amended Prisoner Complaint (ECF No. #10 ) be drawn to a presiding judge and, if appropriate, a magistrate judge. By Magistrate Judge Richard T. Gurley on 2/23/2026. 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. (ccuen, ) |
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Filing 12
ORDER OF REFERENCE TO UNITED STATES MAGISTRATE JUDGE. 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, by Judge Lewis T. Babcock on 2/23/2026. 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. (ccuen, )
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Filing 11
Minute Order by Magistrate Judge Richard T. Gurley on 02/19/2026. 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. (This case has been directly reassigned to Senior 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-03308-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. (pklin, )
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| Filing 10 SECOND AMENDED PRISONER COMPLAINT against Barragan, Frances Falk, Layton, Trevis Mariar, Eric Mitchel, Moody, Wilson, filed by Edward Allen.(amona,) |
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Filing 9
ORDER DIRECTING PLAINTIFF TO FILE SECOND AMENDED PRISONER COMPLAINT. Plaintiff file, within thirty (30) days from the date of this Order, a Second Amended Prisoner Complaint as directed in this Order. By Magistrate Judge Richard T. Gurley on 1/20/2026. 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. (ccuen, )
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| Filing 8 VERIFIED AMENDED PRISONER COMPLAINT against Barragan, James Bartkus, Frances Falk, F/N/U Layton, Trevis Mariar, Eric Mitchel, Moody, Wilson, filed by Edward Allen.(ccuen, ) |
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Filing 7
ORDER DIRECTING PLAINTIFF TO FILE AMENDED PRISONER COMPLAINT. Plaintiff file, within thirty (30) days from the date of this Order, an Amended Prisoner Complaint as directed in this Order. By Magistrate Judge Richard T. Gurley on 11/24/2025. 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. (ccuen, )
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Filing 6
ORDER GRANTING LEAVE TO PROCEED PURSUANT TO 28 U.S.C. 1915. The Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 (ECF No. #5 ) is granted. The United States Marshals Service shall serve process on any remaining Defendants for whom personal service is required if the case is later drawn to a district judge and/or a magistrate judge under D.C.COLO.LCivR 8.1(c). Plaintiff's Motion for Extension Page Limit (ECF No. #1 ) is denied. 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.(ccuen, )
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| Filing 5 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Edward Allen. (Attachments: #1 Exhibit, #2 Statement of Account Activity, #3 Envelope)(ggill, ) |
| Filing 4 AMENDED VERIFIED PRISONER COMPLAINT AND JURY DEMAND against Barragan, James Bartkus, Frances Falk, F/N/U Layton, Trevis Mariar, Eric Mitchel, Moody, Wilson, filed by Edward Allen. (Attachments: #1 Envelope)(ggill, ) |
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Filing 3
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES. Plaintiff cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers that Plaintiff files in response to this order must include the civil action number on this order. 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. (ccuen, )
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| 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. (echa, ) |
| Filing 1 Plaintiff's MOTION for Extension Page Limit by Plaintiff Edward Allen. (echa, ) |
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