Ivery v. Denver Public Libraries
| Sean Ivery |
| Denver Public Libraries |
| 1:2026cv00096 |
| January 9, 2026 |
| U.S. District Court for the District of Colorado |
| Gordon P Gallagher |
| Timothy P O'Hara |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 35 SUMMONS Returned Executed as to Denver Public Libraries. (eluce, ) |
Filing 34
MINUTE ORDER. Pursuant to the Order of Reference, the Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on September 22, 2026 at 9:30 a.m. (Mountain Time) in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado, 80294. Although this Court prefers in person attendance, this Court notes that Plaintiff lives outside Colorado. Therefore this Court gives Plaintiff the option to appear by video teleconference by using the attached Cisco Meeting App Instructions. No later than seven days before the Scheduling Conference, the Parties shall (1) file their Proposed Scheduling Order onto the case docket sheet and (2) jointly email a copy in editable Word format to Chambers at #o'[email protected]. By Magistrate Judge Timothy P. O'Hara on 6/22/2026. 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. (ggill, )
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Filing 33
MINUTE ORDER. Before this Court is Defendant's Motion for Extension of Time. ECF #31 . Defendant asks for an additional time to respond to Plaintiff's Amended Complaint [ECF #22 ]. Defendant presents the request as opposed. This Court exercises its discretion to rule on the Motion without awaiting a response. See D.C.COLO.LCivR 7.1(d). Additional briefing would not materially assist the Court in adjudicating the Motion. For good cause shown, the Motion [ECF #31 ] is granted. The deadline for Defendant to answer or otherwise respond to Plaintiff's Amended Complaint [ECF #22 ] is extended to July 9, 2026. By Magistrate Judge Timothy P O'Hara on 6/15/2026. 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. (eluce)
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| Filing 32 MEMORANDUM regarding #31 MOTION for Extension of Time to File Answer or Otherwise Respond filed by Denver Public Libraries. Motion referred to Magistrate Judge Timothy P O'Hara by District Judge Gordon P Gallagher on 06/12/2026. 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 (dclem) |
| Filing 31 MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Denver Public Libraries. (Whitehead, Gareth) |
| Filing 30 CERTIFICATE of Service by Clerk of Court re #22 Amended Complaint for Service of Process (Attachments: #1 U.S. Marshal Service Form) (anewt,) |
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Filing 29
ORDER REFERRING CASE to the assigned United States Magistrate Judge Timothy P O'Hara. 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 5/22/2026. 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. (anewt,)
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| Filing 28 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agryan) |
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Filing 27
REASSIGNING CASE pursuant to #26 Order. This case is randomly reassigned to District Judge Gordon P Gallagher, and drawn to Magistrate Judge Timothy P O'Hara for all further proceedings. All future proceedings should be designated as 26-cv-00096-GPG, by Judge Lewis T. Babcock on 05/22/2026. 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. (agryan)
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Filing 26
ORDER. It is ordered that the Recommendation of United States Magistrate Judge (ECF No. #25 ) is accepted and adopted. Plaintiff's claim under Title II of the Civil Rights Act of 1964 in the third amended Complaint (ECF No. #22 ) is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(i). Plaintiff's claim under Title VI of the Civil Rights Act of 1964 in the third amended Complaint (ECF No. #22 ) asserted against Employee Omar and Employee Jason is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(i). Defendants Employee Omar and Employee Jason are dismissed as parties to this action. Plaintiff's claim under Title VI of the Civil Rights Act of 1964 in the third amended Complaint (ECF No. #22 ) asserted against Denver Public Libraries be drawn to a presiding judge and, if applicable, to a magistrate judge, by Judge Lewis T. Babcock on 05/22/2026. 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 25 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. RECOMMENDED that the third amended Complaint (ECF No. #22 ) be dismissed in part pursuant to 28 U.S.C. 1915(e)(2)(B)(i). It is FURTHER RECOMMENDED that Plaintiffs claim under Title II of the Civil Rights Act of 1964 be dismissed because Plaintiff seeks only damages as relief. It is FURTHER RECOMMENDED that Plaintiff's claim under Title VI of the Civil Rights Act of 1964 be dismissed to the extent the claim is asserted against Employee Omar and Employee Jason. It is FURTHER RECOMMENDED that Employee Omar and Employee Jason be dismissed as parties to this action. It is FURTHER RECOMMENDED that the Title VI claim asserted Defendant Denver Public Libraries be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). By Magistrate Judge Richard T. Gurley on 5/1/2026. 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. (ggill, ) |
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Filing 24
ORDER OF REFERENCE to United States Magistrate Judge Richard T. Gurley. By Judge Lewis T. Babcock on 5/1/2026. (All future pleadings shall be designated to 26-cv- 00096-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. (ggill, )
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Filing 23
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 4/29/2026. 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. (eluce, )
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| Filing 22 AMENDED COMPLAINT against Denver Public Libraries, Jason, Omar, filed by Sean Ivery. (Filed in this Case per ECF No. 3 - Order to Dismiss Case in Case 26-cv-1582-LTB.) (pklin, ) |
| Filing 21 Mail Returned as Undeliverable re: #15 Response to Order to Show Cause Addressed to Sean Ivery. (echa, ) |
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Filing 20
ORDER Directing Plaintiff to File Third Amended Complaint. It is ORDERED that Plaintiff shall file, within 30 days from the date of this Order, a third amended complaint on the court-approved Complaint form. If Plaintiff fails to file a third amended 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 3/12/2026. 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. (eluce, )
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Filing 19
ORDER Granting Plaintiff Leave to Proceed Pursuant to 28 U.S.C. 1915. It is ORDERED that the amended Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. #7 ) is GRANTED. It is FURTHER ORDERED that the original Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. #4 ) is denied as moot, by Magistrate Judge Richard T. Gurley on 3/10/2026. 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.(echa, )
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| Filing 18 AMENDED COMPLAINT against Denver Public Libraries and Employees, filed by Sean Ivery.(echa, ) |
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Filing 17
MINUTE ORDER by Magistrate Judge Richard T. Gurley on 3/10/2026. Plaintiff has filed a Response to Order to Show Cause (ECF No. #15 ) and a Notice of Change of Address or Telephone Number (ECF No. #16 ). Accordingly, the Order to Show Cause (ECF No. #12 ) entered in this action on February 13, 2026, is DISCHARGED. 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. (eluce, )
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| Filing 16 NOTICE of Change of Address/Contact Information by Plaintiff Sean Ivery (echa, ) |
| Filing 15 RESPONSE TO ORDER TO SHOW CAUSE re #12 by Plaintiff Sean Ivery. (echa, ) |
| Filing 14 Mail Returned as Undeliverable re: #12 Order to Show Cause,, 13 Certificate of Service Addressed to Sean Ivery. (echa, ) |
| Filing 13 CERTIFICATE of Mailing by Clerk of Court re #12 Order to Show Cause,, to Sean Ivery at 2785 S. Sheridan Dr., Lakewood, CO 80027 and Sean Ivery at 750 3rd Avenue Chula Vista, CA 90901. Text Only Entry. (agryan) |
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Filing 12
DISCHARGED -ORDER to Show Cause. It is ordered that Plaintiff file, within twenty-one (21) days from the date of this Order, a written response to this Order to Show Cause explaining why this action should not be dismissed for failure to comply with Local Rule 5.1(c) and failure to prosecute. If Plaintiff fails to file a response that complies with this order within the time allowed and shows good cause, the action will be dismissed without further notice, by Magistrate Judge Richard T. Gurley on 02/13/2026. 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. (agryan) Modified to add language per ECF #17 on 3/10/2026 (echa, ).
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| Filing 11 Mail Returned as Undeliverable re: #1 Complaint, 2 Case Assigned (pro se) to Judge Addressed to Sean Ivery. (echa, ) |
| Filing 10 Mail Returned as Undeliverable re: #5 Notice (Other) Addressed to Sean Ivery 750 3rd Avenue Chula Vista, CA 90901. (cmadr, ) |
| Filing 9 Mail Returned as Undeliverable re: #7 Application to Proceed in District Court Without Prepaying Fees or Costs., #6 Amended Complaint Addressed to Sean Ivery 750 3rd Avenue Chula Vista, CA 90901. (cmadr, ) |
| Filing 8 Mail Returned as Undeliverable re: #3 Order and #4 Application to Proceed in District Court Without Prepaying Fees or Costs. Addressed to Sean Ivery 750 3rd Avenue Chula Vista, CA 90901. (Attachments: #1 Continuation of Main Document) (cmadr, ) |
| Filing 7 Application to Proceed in District Court Without Prepaying Fees or Costs. by Plaintiff Sean Ivery. (cmadr, ) |
| Filing 6 AMENDED COMPLAINT against Denver Public Libraries and Employees, filed by Sean Ivery. (Attachments: #1 Civil Cover Sheet)(cmadr, ) |
| Filing 5 Miscellaneous Filing - Nonprisoner Complaint Packet by Plaintiff Sean Ivery (cmadr, ) |
| Filing 4 Application to Proceed in District Court Without Prepaying Fees or Costs by Plaintiff Sean Ivery. (agarc, ) |
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Filing 3
ORDER Directing Plaintiff to Cure Deficiencies. ORDERED that Plaintiff cure the deficiencies designated above within thirty (30) days from the date of this order. By Magistrate Judge Richard T. Gurley on 1/9/2026. 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. (ggill, )
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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 (a). Text Only Entry. (echa, ) |
| Filing 1 COMPLAINT against Denver Public Libraries and Employees, filed by Sean Ivery.(echa, ) |
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| Defendant: Denver Public Libraries | |
| Represented By: | Gareth Kirk Whitehead |
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