McDermott v. Crowther et al
| Vincent McDermott |
| Garth Crowther, Tim King, Anna Rae Martienz, Mitchell Barr and Jennifer Sandoval |
| 1:2026cv00301 |
| January 26, 2026 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Prisoner - Civil Rights (U.S. not a defendant) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 11, 2026. A more recent docket listing may be available from PACER.
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| Filing 43 Mail Returned as Undeliverable re: #38 Amended Complaint Addressed to Vincent McDermott. (echa, ) |
Filing 42
ORDER OF REFERENCE. Pursuant to 28 U.S.C. 636(c), Federal Rule of Civil Procedure 73, Local Civil Rules 40.1(c)(6) and 72.2, and #8 and #41 Elections Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction, this action is REFERRED for final disposition to Magistrate Judge Maritza Dominguez Braswell, who will conduct any and all further proceedings and order the entry of judgment in the case. SO ORDERED by Chief Judge Daniel D. Domenico on 06/11/2026. 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 41 CONSENT to Jurisdiction of Magistrate Judge by Defendants Mitchell Barr, Garth Crowther, Tim King, Anna Rae Martienz, Jennifer Sandoval All parties consent.. (Alder, Madison) |
| Filing 40 Mail Returned as Undeliverable re: 37 Minute Order Addressed to Vincent McDermott. (jrobe, ) |
| Filing 39 MOTION to Dismiss Defendants' Motion to Dismiss or in the Alternate Motion for Summary Judgment by Defendants Mitchell Barr, Garth Crowther, Tim King, Anna Rae Martienz, Jennifer Sandoval. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Envelope Exhibit C, #4 Proposed Order (PDF Only) Proposed Order)(Alder, Madison) |
| Filing 38 PRISONER COMPLAINT against Mitchell Barr, Garth Crowther, Jennifer Sandoval, Tim King, Anna Rae Martienz, filed by Vincent McDermott. [Docketed pursuant to 37 Minute Order](agryan) |
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Filing 37
MINUTE ORDER: Plaintiff's #35 Motion for Leave to File an Amended Complaint is GRANTED as an amendment as a matter of course, see ECF 32, Fed. R. Civ. P. 15(a)(1)(B). The Clerk of Court is directed to docket ECF 35-1 as the operative complaint. Due to the acceptance of the amended complaint, the #25 Motion to Dismiss and Plaintiff's #34 Motion to Strike Exhibits B and C to the Motion to Dismiss are denied as moot. Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991) (It is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect.); Strich v. United States, 2010 WL 148269, at *1 (D. Colo. Jan. 11, 2010) (The filing of an amended complaint moots a motion to dismiss directed at the complaint that is supplanted and superseded) (citations omitted). Furthermore, the Court is not considering Plaintiff's Declarations at ECFs 27, 27-1, and 28 in connection with any filings, and as such Defendants' #29 Motion to Strike is denied as moot. However, this Order shall not be construed to waive Defendant's right to challenge the authenticity or admissibility of the Declarations, should Plaintiff attempt to rely on them in the future.In light of the foregoing rulings, Defendant's #36 Motion for Status Conference is denied. By Magistrate Judge Maritza Dominguez Braswell on 5/20/2026. 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. Text Only Entry(mdblc6.)
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| Filing 36 MOTION for Hearing/Conference Defendant's Motion for Status Conference to Set Briefing Schedule by Defendants Mitchell Barr, Garth Crowther, Jenniffer, Tim King, Anna Rae Martienz. (Attachments: #1 Proposed Order (PDF Only) Order Granting Defendant's Motion for Status Conference to Set Briefing Schedule)(Alder, Madison) |
| Filing 35 MOTION for Leave to File an Amended Complaint by Plaintiff Vincent McDermott. (Attachments: #1 Amended Complaint, #2 Envelope)(jrobe, ) |
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Filing 33
MINUTE ORDER: The parties shall file their magistrate judge consent forms no later than June 12, 2026. The Court notes Plaintiff has filed a form indicating his consent at ECF 8. By Magistrate Judge Maritza Dominguez Braswell on 5/12/2026. 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 (mdblc6.)
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| Filing 34 MOTION to Strike Defendant Exhibit B and Exhibit C from Motion to Dismiss or Summary by Plaintiff Vincent McDermott. (jrobe, ) |
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Filing 32
MINUTE ORDER granting Plaintiff's #31 Extension Motion. Plaintiff's deadline to file an amended complaint as a matter of course (see Fed. R. Civ. P. 15(a)(1)(B)), is extended to May 14, 2026. By Magistrate Judge Maritza Dominguez Braswell 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. Text Only Entry(mdblc1)
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| Filing 30 NOTICE re #29 MOTION to Strike Plaintiff's Declarations by Defendants Mitchell Barr, Garth Crowther, Jenniffer, Tim King, Anna Rae Martienz (Attachments: #1 Exhibit Motion to Strike Plaintiff's Declarations)(Alder, Madison) |
| Filing 31 Letter by Plaintiff Vincent McDermott. (jrobe, ) |
| Filing 29 MOTION to Strike Plaintiff's Declarations by Defendants Mitchell Barr, Garth Crowther, Jenniffer, Tim King, Anna Rae Martienz. (Alder, Madison) |
| Filing 26 NOTICE of Change of Address/Contact Information by Rachel Lisotta Bradley (Bradley, Rachel) |
| Filing 28 DECLARATION by Plaintiff Vincent McDermott. (jrobe, ) |
| Filing 27 DECLARATION by Plaintiff Vincent McDermott. (Attachments: #1 Declaration)(jrobe, ) |
| Filing 25 MOTION to Dismiss or in the Alternative Motion for Summary Judgment by Defendants Mitchell Barr, Garth Crowther, Jenniffer, Tim King, Anna Rae Martienz. (Attachments: #1 Exhibit A - Inmate Intake Health Questionnaire, #2 Exhibit B - Nurse Sandoval Incident Report, #3 Exhibit C - 11/18 Kite, #4 Exhibit D - Event Log Report and Fax, #5 Proposed Order (PDF Only) Order Granting Motion to Dismiss)(McLetchie, Andrew) |
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Filing 24
MINUTE ORDER denying without prejudice Plaintiff's #23 Motion for Leave to File an Amended Complaint. Per D.C.COLO.LCivR 15.1 a request to file an amended complaint must be accompanied by a a copy of the proposed amended complaint. Plaintiff may refile his request, attaching a copy of the proposed amended complaint. By Magistrate Judge Maritza Dominguez Braswell on 3/30/2026. 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(mdblc1)
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| Filing 23 MOTION for Leave to File an Amended Complaint by Plaintiff Vincent McDermott. (eluce, ) |
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Filing 22
MINUTE ORDER granting #21 Defendants' Motion for Extension of Time. Defendants' deadline to answer or otherwise respond to the Complaint is extended to March 31, 2026. By Magistrate Judge Maritza Dominguez Braswell 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. Text Only Entry(mdblc1)
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| Filing 21 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint by Defendants Mitchell Barr, Garth Crowther, Jenniffer, Tim King, Anna Rae Martienz. (Attachments: #1 Proposed Order (PDF Only) Order Granting Defendants' Motion for Extension of Time)(Alder, Madison) |
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Filing 20
MINUTE ORDER denying Plaintiff's #12 Prisoner Motion for Appointment of Counsel. The Court has reviewed the #12 Motion and, while recognizing the significant challenges faced by pro se incarcerated litigants in federal court, concludes that appointment of counsel is not warranted at this time. Plaintiff's legal claims do not appear so uniquely complex or difficult to warrant the appointment of counsel, and Plaintiff has moved the case forward without representation thus far. Moreover, the Court cannot ascertain the merits of Plaintiff's claims at this early stage. However, Plaintiff may renew his request if and when the case proceeds to a later stage. By Magistrate Judge Maritza Dominguez Braswell 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. Text Only Entry(mdblc1)
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| Filing 19 NOTICE of Entry of Appearance by Rachel Lisotta Bradley on behalf of JennifferAttorney Rachel Lisotta Bradley added to party Jenniffer(pty:dft) (Bradley, Rachel) |
| Filing 18 NOTICE of Entry of Appearance by Madison Alder on behalf of JennifferAttorney Madison Alder added to party Jenniffer(pty:dft) (Alder, Madison) |
| Filing 17 NOTICE of Entry of Appearance by Andrew R. McLetchie on behalf of JennifferAttorney Andrew R. McLetchie added to party Jenniffer(pty:dft) (McLetchie, Andrew) |
| Filing 16 NOTICE of Entry of Appearance by Rachel Lisotta Bradley on behalf of Mitchell Barr, Garth Crowther, Tim King, Anna Rae MartienzAttorney Rachel Lisotta Bradley added to party Mitchell Barr(pty:dft), Attorney Rachel Lisotta Bradley added to party Garth Crowther(pty:dft), Attorney Rachel Lisotta Bradley added to party Tim King(pty:dft), Attorney Rachel Lisotta Bradley added to party Anna Rae Martienz(pty:dft) (Bradley, Rachel) |
| Filing 15 NOTICE of Entry of Appearance by Andrew R. McLetchie on behalf of Mitchell Barr, Garth Crowther, Tim King, Anna Rae MartienzAttorney Andrew R. McLetchie added to party Mitchell Barr(pty:dft), Attorney Andrew R. McLetchie added to party Garth Crowther(pty:dft), Attorney Andrew R. McLetchie added to party Tim King(pty:dft), Attorney Andrew R. McLetchie added to party Anna Rae Martienz(pty:dft) (McLetchie, Andrew) |
| Filing 14 NOTICE of Entry of Appearance by Madison Alder on behalf of Mitchell Barr, Garth Crowther, Tim King, Anna Rae MartienzAttorney Madison Alder added to party Mitchell Barr(pty:dft), Attorney Madison Alder added to party Garth Crowther(pty:dft), Attorney Madison Alder added to party Tim King(pty:dft), Attorney Madison Alder added to party Anna Rae Martienz(pty:dft) (Alder, Madison) |
| Filing 13 SUMMONS Returned Executed Mitchell Barr served on 2/24/2026, answer due 3/17/2026; Garth Crowther served on 2/24/2026, answer due 3/17/2026; Jenniffer served on 2/24/2026, answer due 3/17/2026; Tim King served on 2/24/2026, answer due 3/17/2026; Anna Rae Martienz served on 2/24/2026, answer due 3/17/2026. (Attachments: #1 U.S. Marshal Service Form return, #2 U.S. Marshal Service Form return, #3 U.S. Marshal Service Form return, #4 U.S. Marshal Service Form return)(jrobe, ) |
| Filing 12 Prisoner MOTION for Appointment of Counsel by Plaintiff Vincent McDermott. (jrobe, ) |
| Filing 11 CERTIFICATE of Service by Clerk of Court re #1 Complaint for Service of Process. (Attachments: #1 USMS form, #2 USMS form, #3 USMS form, #4 USMS form, #5 USMS form) (jrobe, ) |
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Filing 10
MINUTE ORDER: The United States Marshals Service is directed to attempt to serve Defendants with a summons and complaint at the address provided by Plaintiff in ECF #9 . By Magistrate Judge Maritza Dominguez Braswell on 2/12/2026. 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 (mdblc1)
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| Filing 9 For Service to Proceed by Plaintiff Vincent McDermott. (jrobe, ) |
| Filing 8 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Vincent McDermott. All parties consent. (echa, ) |
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Filing 7
MINUTE ORDER: Although Plaintiff is entitled to service by the United States Marshals Service (USMS) based on his in forma pauperis status, the Court cannot direct the USMS to effect service at this time. The #1 Complaint lists each Defendants address as a post office box, which is insufficient for service by the USMS. Accordingly, Plaintiff is ORDERED to provide valid, nonpost office box addresses for Defendants so that service may proceed. By Magistrate Judge Maritza Dominguez Braswell on 2/2/2026. 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 (mdblc1)
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| Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (ggill, ) |
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Filing 5
ORDER DRAWING CASE. After review pursuant to D.C.COLO.LCivR 8.1(b), the Court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). (Case randomly reassigned to Magistrate Judge Maritza Dominguez Braswell for all further proceedings. All future pleadings shall be designated to 26-cv-00301-MDB). By Magistrate Judge Richard T. Gurley on 1/30/2026. 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 4
ORDER Granting Leave to Proceed Pursuant to 28 U.S.C. 1915. ORDERED that the Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 (ECF No. #2 ) is GRANTED. By Magistrate Judge Richard T. Gurley on 1/27/2026. 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 3 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 2 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Vincent McDermott. (Attachments: #1 Envelope)(eguth, ) |
| Filing 1 PRISONER COMPLAINT against Mitchell Barr, Garth Crowther, Jenniffer, Tim King, Anna Rae Martienz, filed by Vincent McDermott. (Attachments: #1 Envelope)(eguth, ) |
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