Ellis v. City and County of Denver, The et al
| Donte Carl Ellis |
| City and County of Denver, The, Denver Health Medical Center and Hospital, Mark Crider, Nunez and Derek Bumgardner |
| 1:2026cv00632 |
| February 17, 2026 |
| U.S. District Court for the District of Colorado |
| Kathryn A Starnella |
| Prisoner - Civil Rights (U.S. not a defendant) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 35 CERTIFICATE of Mailing/Service re #34 Reply to Response to Motion by Defendant Denver Health Medical Center and Hospital. (Ozborn, Michael) |
| Filing 34 REPLY to Response to #28 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Denver Health Medical Center and Hospital. (Ozborn, Michael) |
| Filing 33 RESPONSE in Opposition to Defendant Denver Health and Hospital Authority's Fed. R. Civ. P. 12(b)(1) and 12(b)(6) #28 MOTION to Dismiss filed by Plaintiff Donte Carl Ellis. (echa, ) |
| Filing 32 NOTICE of Entry of Appearance by Michael Ozborn on behalf of Denver Health Medical Center and Hospital Attorney Michael Ozborn added to party Denver Health Medical Center and Hospital (pty:dft) (Ozborn, Michael) |
Filing 31
MINUTE ORDER. IT IS HEREBY ORDERED that for good cause shown, the Motion [#30 ] is GRANTED. Plaintiff's deadline to respond to the Motions to Dismiss [#26 , #27 , #28 ] is extended by 30 days, to and including July 22, 2026. Any other requests for extensions of time must be filed before the deadline expires. Entered by Magistrate Judge Kathryn A. Starnella on 6/30/2026. 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. (echa, )
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| Filing 30 MOTION for Extension by Plaintiff Donte Carl Ellis. (echa, ) |
| Filing 29 NOTICE of Entry of Appearance by David A. Belsheim on behalf of Derek Bumgardner, City and County of Denver, The, Mark Crider, NunezAttorney David A. Belsheim added to party Derek Bumgardner(pty:dft), Attorney David A. Belsheim added to party City and County of Denver, The(pty:dft), Attorney David A. Belsheim added to party Mark Crider(pty:dft), Attorney David A. Belsheim added to party Nunez(pty:dft) (Belsheim, David) |
| Filing 28 MOTION to Dismiss for Lack of Jurisdiction by Defendant Denver Health Medical Center and Hospital. (Neckers, Scott) |
| Filing 27 MOTION to Dismiss by Defendant Derek Bumgardner. (Manriquez-Hernandez, Nicole) |
| Filing 26 MOTION to Dismiss by Defendants City and County of Denver, The, Mark Crider, Nunez. (Manriquez-Hernandez, Nicole) |
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Filing 25
ORDER by Magistrate Judge Kathryn A. Starnella on 5/4/26. This matter is before the Court on Defendant Dr. Derek Bumgarner's Motion for Extension of Time to Respond to the Complaint [#24]. On good cause shown, the Motion [#24] is GRANTED. Dr. Bumgarner's answer or other response to the Complaint is now due May 26, 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(lgale, )
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| Filing 24 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Derek Bumgardner. (Herzog, Ellen) |
| Filing 23 NOTICE of Entry of Appearance by Ellen E. Herzog on behalf of Derek Bumgardner, City and County of Denver, The, Mark Crider, NunezAttorney Ellen E. Herzog added to party Derek Bumgardner(pty:dft), Attorney Ellen E. Herzog added to party City and County of Denver, The(pty:dft), Attorney Ellen E. Herzog added to party Mark Crider(pty:dft), Attorney Ellen E. Herzog added to party Nunez(pty:dft) (Herzog, Ellen) |
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Filing 22
ORDER by Magistrate Judge Kathryn A. Starnella on 5/1/26. This matter is before the Court on Defendant Denver Health and Hospital Authority's Motion for Extension of Time to Submit Responsive Pleading to Plaintiff's Operative Complaint [#21]. Finding good cause, the Motion is GRANTED. Defendant Denver Health's answer or other response to the Complaint [#1] is now due May 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. Text Only Entry(lgale, )
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| Filing 21 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Denver Health Medical Center and Hospital. (Neckers, Scott) |
| Filing 20 NOTICE of Entry of Appearance by Scott Aaron Neckers on behalf of Denver Health Medical Center and Hospital Attorney Scott Aaron Neckers added to party Denver Health Medical Center and Hospital (pty:dft) (Neckers, Scott) |
| Filing 19 SUMMONS Returned Executed. Dr. Derek Bumgardner served on 4/16/2026, answer due 5/7/2026. (anewt,) |
| Filing 18 NOTICE of Entry of Appearance by Nicole Manriquez-Hernandez on behalf of City and County of Denver, The, Mark Crider, NunezAttorney Nicole Manriquez-Hernandez added to party City and County of Denver, The(pty:dft), Attorney Nicole Manriquez-Hernandez added to party Mark Crider(pty:dft), Attorney Nicole Manriquez-Hernandez added to party Nunez(pty:dft) (Manriquez-Hernandez, Nicole) |
| Filing 17 SUMMONS Returned Executed as to Denver Health Medical Center and Hospital. Served on 4/13/2026, answer due 5/4/2026. (anewt,) |
| Filing 16 CERTIFICATE of Service by Clerk of Court re: #1 Complaint for Service of Process pursuant to #13 Minute Order, #15 Notice of Address. (Attachments: #1 Dr. Bumgardner U.S. Marshal Service Form) (anewt,) |
| Filing 15 NOTICE OF ADDRESS for Dr. Derek Bumgardner re #13 Minute Order by Plaintiff Donte Carl Ellis (anewt,) |
| Filing 14 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Donte Carl Ellis. Plaintiff Donte Carl Ellis only consents. (ggill, ) |
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Filing 13
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 2 April 2026. This matter is before the Court sua sponte. The Court previously directed the United States Marshal Service ("USMS") to serve Defendants on Plaintiff's behalf. Order [# 10 ]. Plaintiff names Dr. Derek Bumgardner, Medical Examiner, as a Defendant in the Complaint. Compl. [#1 ] at 1, 4. Although Plaintiff states that he cannot locate Dr. Bumgardner's address, id. at 4, the USMS cannot effect service without that information. Accordingly, IT IS HEREBY ORDERED that the Court directs the Clerk of Court to enclose a Summons (Form AO 440) with a copy of this Minute Order. IT IS FURTHER ORDERED that Plaintiff shall complete and return the Summons, including Dr. Bumgardners address, to the Court no later than April 16, 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. (anewt,)
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| Filing 12 WAIVER OF SERVICE Returned Executed as to City and County of Denver, The waiver sent on 3/26/2026, answer due 5/26/2026; Mark Crider waiver sent on 3/26/2026, answer due 5/26/2026; Nunez waiver sent on 3/26/2026, answer due 5/26/2026. (anewt) |
| Filing 11 CERTIFICATE of Service by Clerk of Court re: #1 Complaint for Service of Process (Attachments: #1 U.S. Marshal Service Form) (amona,) |
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Filing 10
ORDER by Magistrate Judge Kathryn A. Starnella on March 26, 2026. IT IS HEREBY ORDERED that the United States Marshal shall serve a copy of the current #1 Complaint, and summons on all Defendants who do not waive service. If appropriate, the Marshal shall first attempt to obtain a waiver of service of these documents pursuant to Federal Rule of Civil Procedure 4(d). All costs of service shall be advanced by the United States. 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 (kaslc7, )
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| Filing 9 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (echa, ) |
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Filing 8
ORDER DRAWING CASE. After review pursuant to D.C.COLO.LCivR 8.1(a), 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). Accordingly, it is ORDERED that this case shall be DRAWN to a presiding judge and, if applicable, to a magistrate judge. (Case randomly reassigned to Magistrate Judge Kathryn A. Starnella for all further proceedings. All future pleadings should be designated as 26-cv-00632-KAS). It is FURTHER ORDERED that the March 13, 2026 Letter (ECF No. #6 ) requesting an extension of time to address the filing fee is DENIED as moot, by Magistrate Judge Richard T. Gurley on 3/24/2026. 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 7 Filing fee: $405.00, receipt number 117437. (pklin, ) |
| Filing 6 MOTION/LETTER for Extension of Time by Plaintiff Donte Carl Ellis. (echa, ) |
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Filing 5
MINUTE ORDER by Magistrate Judge Richard T. Gurley on 3/11/2026. On February 18, 2026, the Court issued an Order Directing Plaintiff to Cure Deficiencies (ECF No. #3 ). On March 9, 2026, Plaintiff filed a notice with the Court that his address had changed as of February 26, 2026. (See ECF No. #4 ). The clerk of the court is directed to resend a copy of the February 18 Order to Plaintiff at his new address. Plaintiff shall cure the filing deficiencies, as directed in the February 18 Order, within 30 days from the date of this minute order. Failure to comply may result in dismissal of this action without prejudice and 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. (eluce, )
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| Filing 4 NOTICE of Change of Address/Contact Information by Plaintiff Donte Carl Ellis (amona,) |
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Filing 3
Order Directing Plaintiff to Cure Deficiency. ORDERED that Plaintiff shall cure the deficiency designated above within 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 2/18/2026. 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. (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 (b). Text Only Entry. (dhern, ) |
| Filing 1 PRISONER COMPLAINT against Derek Bumgardner, City and County of Denver, The, Mark Crider, Denver Health Medical Center and Hospital, Nunez, filed by Donte Carl Ellis. (Attachments: #1 Envelope)(dhern, ) Modified on 2/18/2026 to match prisoner complaint title. (dhern, ). |
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