Merrival, Jr. (PS) v. Elbe et al
Plaintiff: Michael Lynn Merrival, Jr.
Defendant: Matt Elbe, Autumn, Steve Amaya, Timothy G. Kerns, Michael J. Rourke, Lacy Wells and Casey Alexander
Case Number: 1:2025cv03704
Filed: November 17, 2025
Court: U.S. District Court for the District of Colorado
Presiding Judge: Richard T Gurley
Nature of Suit: Prisoner - Civil Rights (U.S. not a defendant)
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 25, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 25, 2026 Opinion or Order Filing 18 ORDER. It is ordered that this action is dismissed without prejudice as of March 23, 2026, pursuant to Plaintiff's Notice of Voluntary Dismissal (ECF No. #17 ). All pending motions are denied as moot, by Judge Lewis T. Babcock on 03/25/2026. 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)
March 23, 2026 Filing 17 NOTICE of Voluntary Dismissal by Plaintiff Michael Lynn Merrival, Jr. (agryan)
March 10, 2026 Opinion or Order Filing 16 ORDER to File Amended Prisoner Complaint. It is ordered that Plaintiff file, within thirty (30) days from the date of this order, an amended Prisoner Complaint that complies with all directives contained in this order. If Plaintiff fails to file an amended Prisoner Complaint that complies with this order within the time allowed, the action may be dismissed without further notice, by Magistrate Judge Richard T. Gurley on 03/10/2026. 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. (agryan)
March 2, 2026 Filing 15 AMENDED PRISONER COMPLAINT against Casey Alexander, Steve Amaya, Autumn, Matt Elbe, Timothy G. Kerns, Michael J. Rourke, Lacy Wells, filed by Michael Lynn Merrival, Jr..(echa, )
January 28, 2026 Opinion or Order Filing 14 MINUTE ORDER by Magistrate Judge Richard T. Gurley on 1/28/2026. Plaintiff's Motion for Extension of Time (ECF No. #13 ), the second such request, is GRANTED as follows. Plaintiff is granted the requested 30-day extension to file a Prisoner Complaint on the District of Colorado's form, making the new deadline to comply with the Court's order February 23, 2026. Although Plaintiff is being granted an extension, he is again advised that any future requests for an extension of time should be supported by an affidavit signed under penalty of perjury, see 18 U.S.C. 1621, or supported by other competent evidence, explaining the details that establish good cause. If Plaintiff does not file a Prisoner Complaint that complies with the Court's order to cure filing deficiencies within the time allowed, this action will be dismissed without further notice. 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. (bgrum, )
January 26, 2026 Filing 13 MOTION for Extension of Time by Plaintiff Michael Lynn Merrival, Jr.. (Attachments: #1 Affidavit in Support for Extension)(agryan)
December 23, 2025 Opinion or Order Filing 12 ORDER Granting Leave to Proceed Under 28 U.S.C. 1915. It is ordered that the Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 (ECF No. #6 ) is granted. The Clerk of Court shall not issue process at this time; the United States Marshals Service shall serve process on any remaining defendant(s) for whom personal service is required if the case is later drawn to a district judge or a magistrate judge under D.C.COLO.LCivR 8.1(c), by Magistrate Judge Richard T. Gurley on 12/23/2025. [Copy of order mailed as ordered] 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)
December 23, 2025 Opinion or Order Filing 11 MINUTE ORDER by Magistrate Judge Richard T. Gurley on 12/23/2025. Plaintiff's motions requesting an extension of time to cure the identified filing deficiencies (ECF Nos. #8 and #10 ) are GRANTED as follows. Plaintiff is granted a 30-day extension, from the date of this order, to file a Prisoner Complaint on the District of Colorado's form, making the new deadline to comply with the Court's order January 22, 2026. Although Plaintiff is being granted an extension, he is advised that any future requests for an extension of time should be supported by an affidavit signed under penalty of perjury, see 18 U.S.C. 1621, or supported by other competent evidence, explaining the details that establish good cause. Plaintiff's Motion for Second Blank Copy of Prisoner Complaint Form (ECF No. #7 ) is GRANTED. The Clerk's Office is directed to mail to Plaintiff, together with a copy of this Minute Order, a copy of the following form: Prisoner Complaint (and the applicable instructions). Finally, Plaintiff is reminded that this action will be dismissed without further notice if the deficiencies are not cured within the time allowed.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. (bgrum, )
December 22, 2025 Filing 10 AMENDED MOTION for Extension of Time by Plaintiff Michael Lynn Merrival, Jr.. (agryan)
December 22, 2025 Filing 9 MOTION for Temporary Restraining Order Pursuant to Fed.R.Civ.P.65(b) by Plaintiff Michael Lynn Merrival, Jr.. (agryan)
December 18, 2025 Filing 8 MOTION for Extension of Time by Plaintiff Michael Lynn Merrival, Jr.. (agryan)
December 18, 2025 Filing 7 PLAINTIFF'S Motion for Second Blank Copy of Prisoner Complaint Form by Plaintiff Michael Lynn Merrival, Jr.. (agryan)
December 4, 2025 Filing 6 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Michael Lynn Merrival, Jr.. (agryan)
November 19, 2025 Opinion or Order Filing 5 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. "Plaintiff's Motion for a Courtesy Copy of His Complaint" (ECF No. #3 ) is granted as a one-time courtesy. Plaintiff's "Motion for Order to Show Cause" (ECF No. #2 ) is denied without prejudice as premature. If Plaintiff fails to cure all 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 11/19/2025. [Copy of forms and #1 Complaint mailed with attached order as ordered]. 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)
November 17, 2025 Filing 4 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (eluce, )
November 17, 2025 Filing 3 PLAINTIFF'S MOTION for a Courtesy Copy of His Complaint by Plaintiff Michael Lynn Merrival, Jr.. (eluce, )
November 17, 2025 Filing 2 MOTION for Order to Show Cause or to Establish Plaintiff is on Imminent Danger of Serious Physical Injury Pursuant to 1915(g). by Plaintiff Michael Lynn Merrival, Jr.. (eluce, )
November 17, 2025 Filing 1 PRISONER COMPLAINT against Casey Alexander, Steve Amaya, Autumn, Matt Elbe, Timothy G. Kerns, Michael J. Rourke, Lacy Wells, filed by Michael Lynn Merrival, Jr..(eluce, )

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Plaintiff: Michael Lynn Merrival, Jr.
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Defendant: Matt Elbe
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Defendant: Autumn
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Defendant: Steve Amaya
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Defendant: Timothy G. Kerns
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Defendant: Michael J. Rourke
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Defendant: Lacy Wells
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Defendant: Casey Alexander
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