Melnick v. Barber et al
| Hunter Adam Melnick |
| Gerald Barber, Town of Ordway, Karen Gates and Planning and Zoning Commission |
| 1:2026cv00474 |
| February 6, 2026 |
| U.S. District Court for the District of Colorado |
| Daniel D Domenico |
| Susan Prose |
| 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 July 29, 2026. A more recent docket listing may be available from PACER.
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| Filing 45 REPLY to Response to #33 MOTION to Dismiss for Failure to State a Claim filed by Defendants Gerald Barber, Gerald Barber, Karen Gates, Planning and Zoning Commission, Town of Ordway. (Smith, Ann) |
Filing 44
ORDER by Magistrate Judge Susan Prose on DATE. This court notes sua sponte that at least one Defendant has filed a motion to dismiss asserting qualified immunity as a defense. Pursuant to Fed. R. Civ. P. 16(b)(2), this court finds good cause to delay issuing the scheduling order until after the motion is resolved. See Lucero v. City of Aurora, No. 23-cv-00851-GPG-SBP, 2023 WL 5957126, at *3 (D. Colo. Sept. 13, 2023) ("[T]o free officials from the concerns of litigation, including 'avoidance of disruptive discovery,' discovery must be stayed upon [an] assertion of qualified immunity, even if there are claims (or defendants) that are not subject to a qualified immunity defense 'to ensure the case does not develop in a misleading or slanted way that causes prejudice to'" the defendant(s) who assert qualified immunity.") (cleaned up, quoting Ashcroft v. Iqbal, 556 U.S. 662, 685-86 (2009)). Accordingly, if the motion to dismiss is denied at least in part, the parties shall email # [email protected] within three business days to set the scheduling conference. Objections to this order are due within fourteen days. Fed. R. Civ. P. 72(a). 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 (sjeff)
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| Filing 43 Exhibit in Support of #42 PLAINTIFF'S RESPONSE in Opposition to Defendants' Motion to Dismiss (ECF No. #33 ) by Plaintiff Hunter Adam Melnick. (agryan) |
| Filing 42 PLAINTIFF'S RESPONSE in Opposition to Defendants' Motion to Dismiss (ECF No. #33 ) filed by Plaintiff Hunter Adam Melnick. (agryan) |
| Filing 41 CERTIFICATE of Mailing/Service by Defendants Gerald Barber, Gerald Barber, Karen Gates, Planning and Zoning Commission, Town of Ordway. (Attachments: #1 Exhibit A - Envelopes)(Smith, Ann) |
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Filing 40
ORDER GRANTING Plaintiff's #37 Unopposed Motion for Extension of Time to Respond to Defendants' #33 Motion to Dismiss by Magistrate Judge Susan Prose on July 1, 2026. Plaintiff's response is due August 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. Text Only Entry (sbplc10)
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Filing 39
ORDER GRANTING Plaintiff's #35 Motion for Status by Magistrate Judge Susan Prose on July 1, 2026. Defendants are directed to serve their #33 Motion to Dismiss for Failure to State a Claim on Plaintiff at his new address. See ECF No. 32. Within seven days of this Order Defendants must file a certificate of service with the court. Text Only Entry (sbplc10)
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Filing 38
ORDER REFERRING MOTION(S): #37 UNOPPOSED MOTION for Extension of Time filed by Hunter Adam Melnick. Motion referred to Magistrate Judge Susan Prose by Chief Judge Daniel D. Domenico on 06/30/2026. 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 37 UNOPPOSED MOTION for Extension of Time by Plaintiff Hunter Adam Melnick. (agryan) |
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Filing 36
ORDER REFERRING MOTION(S): #35 MOTION for Status filed by Hunter Adam Melnick. Motion referred to Magistrate Judge Susan Prose by Chief Judge Daniel D. Domenico on 06/25/2026. 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 35 MOTION for Status by Plaintiff Hunter Adam Melnick. (agryan) |
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Filing 34
ORDER REFERRING MOTION(S): #33 MOTION to Dismiss for Failure to State a Claim filed by Karen Gates, Gerald Barber, Town of Ordway, Planning and Zoning Commission. Motion referred to Magistrate Judge Susan Prose by Chief Judge Daniel D. Domenico on 06/22/2026. 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 33 MOTION to Dismiss for Failure to State a Claim by Defendants Gerald Barber, Gerald Barber, Karen Gates, Planning and Zoning Commission, Town of Ordway. (Smith, Ann) |
| Filing 32 NOTICE of Change of Contact Information by Plaintiff Hunter Adam Melnick (Attachments: #1 Envelope)(agryan) |
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Filing 31
ORDER GRANTING #29 Motion for Extension of Time to Answer or Otherwise Respond by Magistrate Judge Susan Prose on June 3, 2026. Defendants' responsive pleading is due June 18, 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 (sbplc10)
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Filing 30
ORDER REFERRING MOTION(S): #29 MOTION for Extension of Time to File Answer or Otherwise Respond re #26 Amended Complaint filed by Gerald Barber, Karen Gates, Planning and Zoning Commission, Town of Ordway. Motion referred to Magistrate Judge Susan Prose by Chief Judge Daniel D. Domenico on 06/03/2026. 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 29 MOTION for Extension of Time to File Answer or Otherwise Respond re #26 Amended Complaint by Defendants Gerald Barber, Gerald Barber, Karen Gates, Planning and Zoning Commission, Town of Ordway. (Attachments: #1 Proposed Order (PDF Only))(Smith, Ann) |
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Filing 28
ORDER REFERRING CASE to Magistrate Judge Susan Prose. 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. SO ORDERED by Chief Judge Daniel D. Domenico on 5/28/2026. 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. (rkeec)
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Filing 27
ORDER Assigning 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 assigned to Chief District Judge Daniel D. Domenico and Magistrate Judge Susan Prose pursuant to D.C.COLO.LCivR 40.1(d) (1), by Magistrate Judge Richard T. Gurley on 05/28/2026. 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 26 AMENDED PRISONER COMPLAINT against Gerald Barber(Town Marshal), Gerald Barber(Mayor), Karen Gates, Planning and Zoning Commission, Town of Ordway, filed by Hunter Adam Melnick.(agryan) |
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Filing 25
MINUTE ORDER by Magistrate Judge Richard T. Gurley on 03/24/2026. Plaintiff's Motion to Compel (ECF No. #19 ), filed on March 9, 2026, is DENIED as moot, based on Defendants' Response to Plaintiff's Motion to Compel (ECF No. #21 ), filed on March 17, 2026. Plaintiff's Motion for Subpoena (ECF No. #23 ) is denied without prejudice as premature while this case is in initial review under D.C.COLOLCivR 8.1(b). Defendants' Motion for Extension of Time to Designate Non- Parties (ECF No. #24 ) is granted as follows: The deadline for Defendants to designate non-parties pursuant to Colo. Rev. Stat. 13-21-111.5 is extended to 30 days after this pro se action is drawn to a presiding judge (if the action is not dismissed during initial review). 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 24 MOTION for Extension of Time to Designate Non-Parties by Defendants Gerald Barber, Karen Gates, Planning and Zoning Commission, Town Marshall, Town of Ordway. (Smith, Ann) |
| Filing 23 MOTION for Subpoena by Plaintiff Hunter Adam Melnick. (agryan) |
| Filing 22 CERTIFICATE of Mailing/Service re #1 Notice of Removal,,,,,, by Defendants Gerald Barber, Karen Gates, Planning and Zoning Commission, Town Marshall, Town of Ordway. (Smith, Ann) |
| Filing 21 RESPONSE to #19 MOTION to Compel filed by Defendants Gerald Barber, Karen Gates, Planning and Zoning Commission, Town Marshall, Town of Ordway. (Smith, Ann) |
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Filing 20
MINUTE ORDER by Magistrate Judge Richard T. Gurley on 3/11/2026. Plaintiff's Motion for Extension of Time (ECF No. #18 ), filed on March 9, 2026, is GRANTED. Plaintiff shall file an amended Complaint, as directed in the February 23, 2026 Order (ECF No. #17 ), on or before April 23, 2026. Defendants shall respond to Plaintiffs Motion to Compel (ECF No. #19 ), filed on March 9, 2026, within 14 days. 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 MOTION to Compel by Plaintiff Hunter Adam Melnick. (echa, ) |
| Filing 18 MOTION for Extension of Time by Plaintiff Hunter Adam Melnick. (echa, ) |
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Filing 17
ORDER Directing Plaintiff to File Amended Complaint. It is ordered that Mr. Melnick shall file, within 30 days from the date of this Order, an amended Complaint, on the court-approved general Complaint form, that complies with the directives in this Order. If Mr. Melnick fails to file an amended Complaint within the time allowed some of this action may be dismissed without further notice for the reasons discussed above, 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. (echa, )
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| Filing 16 CLERK'S NOTE REGARDING DEFAULT Default will not be entered as to Defendants as this case is in initial pro se review, and an answer or responsive pleading from Defendants is not required unless this case is later drawn to a presiding judge under D.C.COLO.LCivR 8.1(c). Text Only Entry (agryan) |
| Filing 15 MOTION to Direct Entry of Default FRCP 55(a) by Plaintiff Hunter Adam Melnick. (agryan) |
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Filing 14
MINUTE ORDER by Magistrate Judge Richard T. Gurley on 02/12/2026. On February 11, 2026, Counsel for several of the Defendants filed a Motion for Extension of Time to File Responsive Pleading to Complaint. (ECF No. #13 ). This action is under initial review pursuant to D.C.COLO.LCivR 8.1(a). Defendants are not required to file an answer or other responsive pleading unless this action is drawn to a presiding judge under D.C.COLO.LCivR 8.1(c). Accordingly, the Motion for Extension of Time to File Responsive Pleading to Complaint (ECF No. #13 ) is denied without prejudice as unnecessary. 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 13 MOTION for Extension of Time to File Answer or Otherwise Respond re #4 Complaint by Defendants Gerald Barber, Karen Gates, Planning and Zoning Commission, Town Marshal, Town of Ordway. (Attachments: #1 Proposed Order (PDF Only))(Smith, Ann) |
| Filing 12 NOTICE of Entry of Appearance by Michaela S. Morrissey on behalf of All Defendants Attorney Michaela S. Morrissey added to party Gerald Barber(pty:dft), Attorney Michaela S. Morrissey added to party Karen Gates(pty:dft), Attorney Michaela S. Morrissey added to party Planning and Zoning Commission(pty:dft), Attorney Michaela S. Morrissey added to party Town Marshal(pty:dft), Attorney Michaela S. Morrissey added to party Town of Ordway(pty:dft) (Morrissey, Michaela) |
| Filing 11 NOTICE of Entry of Appearance by Ann Baumgartner Smith on behalf of All Defendants (Smith, Ann) |
| 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 Extension of Time to File Responsive Pleading to Complaint. By Andrew Patrick McCallin, District Court Judge, Denver County on 1/27/2026. (eluce, ) |
| Filing 8 AFFIDAVIT of Service of District Court Civil Summons, Complaint, Claim 1-11, Relief Request, Exh A-1-3, Exh B-1, Exh C-1, Exh D-1-5 upon Karen Gates on 1/7/2026 (eluce, ) |
| Filing 7 AFFIDAVIT of Service of District Court Civil Summons, Motion to Serve, Complaint, Claim 1-11, Relief Request, Exh A-1-3, Exh B-1, Exh C-1, Exh D-1-5 upon Town Marshal on 1/7/2026 (eluce, ) |
| Filing 6 AFFIDAVIT of Service of District Court Civil Summons, Motion to Serve, Complaint, Claim 1-11, Relief Request, Exh A-1-3, Exh B-1, Exh C-1, Exh D-1-5 upon Planning and Zoning Commission on 1/7/2026 (eluce, ) |
| Filing 5 AFFIDAVIT of Service of District court Civil Summons, Motion to Serve, Complaint, Claim 1-11, Relief Request, Exh A-1-3, Exh B-1, Exh C-1 upon Gerald Barber on 1/7/2026 (eluce, ) |
| Filing 4 COMPLAINT against Gerald Barber, Karen Gates, Planning and Zoning Commission, Town Marshal, Town of Ordway, 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 OrdwayTown Marshal, Karen Gates, Town of Ordway, Gerald Barber, Ordway Planning and Zoning Commission from District Court, City & County of Denver, Case Number 25CV1031. (Filing fee $ 405, Receipt Number ACODC-10807951), filed by OrdwayTown Marshal, Karen Gates, Town of Ordway, Gerald Barber, Ordway Planning and Zoning Commission. (Attachments: #1 Exhibit A-1 State Notice of Removal, #2 Exhibit A-2 Register of Actions, #3 Exhibit A-3 Complaint, #4 Exhibit A-4 Complaint Exhibits, #5 Exhibit A-5 Motion to Serve, #6 Exhibit A-6 Summons to Barber, #7 Exhibit A-7 Summons to Gates, #8 Exhibit A-8 Summons to Planning and Zoning, #9 Exhibit A-9 Summons to Town Marshal, #10 Exhibit A-10 Summons to Town of Ordway, #11 Exhibit A-11 Order Granting Inmate Motion Requesting to File Without Prepayment, #12 Exhibit A-12 Delay Reduction Order, #13 Exhibit A-13 Pretrial Order, #14 Exhibit A-14 Order to File Civil Cover Sheet, #15 Exhibit A-15 Order Re Motion to Serve, #16 Exhibit A-16 Plaintiff Letter, #17 Exhibit A-17 Civil Cover Sheet, #18 Exhibit A-18 Affidavit of Service - Barber, #19 Exhibit A-19 Affidavit of Service - Town, #20 Exhibit A-20 Affidavit of Service - Town Marshal, #21 Exhibit A-21 Affidavit of Service - Gates, #22 Exhibit A-22 Defendants' Motion for EOT, #23 Exhibit A-23 Order Granting Defendants' Motion for EOT, #24 Exhibit A-24 Plaintiff Motion for Default, #25 Exhibit A-25 Plaintiff Direct Clerk to Enter Default)(Smith, Ann) |
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