Ostebo v. Weiser et al
| Randall Mark Ostebo |
| Keith Ellison, Moses Andre Stancil, Paul Schnell, Kelly Mitchell, Kimberly Kline, Stan Hilkey, Armando Saldate III and Randi Moore |
| 1:2026cv00641 |
| February 18, 2026 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Regina M Rodriguez |
| Civil Rights: Other |
| 42 U.S.C. § 1983 (d)(p) - Civil Right Denial of Due Process |
| None |
Docket Report
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This docket was last retrieved on August 11, 2026. A more recent docket listing may be available from PACER.
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| Filing 63 RESPONSE to #60 MOTION for Extension of Time to File Response/Reply as to #58 MOTION to Dismiss for Failure to State a Claim filed by Defendants Abeyta, Hilkey, and Saldate, III filed by Defendants Stan Hilkey, Kimberly Kline, Armando Saldate III. (Attachments: #1 Appendix)(Mendez, Brianna) |
Filing 62
MINUTE ORDER: Any response to the #60 Motion for Extension of Time is due by August 11, 2026. by Magistrate Judge Maritza Dominguez Braswell on 8/4/2026. Text Only Entry (mdblc6.)
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Filing 61
ORDER REFERRING MOTION: #60 MOTION for Extension of Time to File Response/Reply as to #58 MOTION to Dismiss for Failure to State a Claim filed by Defendants Abeyta, Hilkey, and Saldate, III filed by Randall Mark Ostebo. Motion referred to Magistrate Judge Maritza Dominguez Braswell by Judge Regina M. Rodriguez on 8/3/2026. Text Only Entry (rmrja)
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| Filing 60 MOTION for Extension of Time to File Response/Reply as to #58 MOTION to Dismiss for Failure to State a Claim filed by Defendants Abeyta, Hilkey, and Saldate, III by Plaintiff Randall Mark Ostebo. (Attachments: #1 Proposed Order (PDF Only))(Barrionuevo, Mark) |
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Filing 59
ORDER REFERRING MOTION: #58 MOTION to Dismiss for Failure to State a Claim filed by Armando Saldate III, Kimberly Kline, Stan Hilkey.Motion referred to Magistrate Judge Maritza Dominguez Braswell by Judge Regina M. Rodriguez on 7/15/2026. Text Only Entry (rmrja)
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| Filing 58 MOTION to Dismiss for Failure to State a Claim by Defendants Stan Hilkey, Kimberly Kline, Armando Saldate III. (Mendez, Brianna) |
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Filing 57
MINUTE ORDER granting #55 Plaintiff's Unopposed Motion for Extension of Time. Plaintiff's deadline to respond to the #51 #53 Motions to Dismiss is extended through August 31, 2026. by Magistrate Judge Maritza Dominguez Braswell on 7/13/2026. Text Only Entry(mdblc6.)
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Filing 56
ORDER REFERRING MOTION: #55 Unopposed MOTION for Extension of Time to File Response/Reply as to #53 MOTION to Dismiss , #51 MOTION to Dismiss All Claims Under Rules 12(B)(1) and 12(B)(6) Filed by Defendant Moses Andre Stancils and Defendant Randi Moore filed by Randall Mark Ostebo.Motion referred to Magistrate Judge Maritza Dominguez Braswell by Judge Regina M. Rodriguez on 7/13/2026. Text Only Entry (rmrja)
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| Filing 55 Unopposed MOTION for Extension of Time to File Response/Reply as to #53 MOTION to Dismiss , #51 MOTION to Dismiss All Claims Under Rules 12(B)(1) and 12(B)(6) Filed by Defendant Moses Andre Stancils and Defendant Randi Moore by Plaintiff Randall Mark Ostebo. (Attachments: #1 Proposed Order (PDF Only))(Barrionuevo, Mark) |
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Filing 54
ORDER REFERRING MOTION: #53 MOTION to Dismiss filed by Moses Andre Stancil. Motion referred to Magistrate Judge Maritza Dominguez Braswell by Judge Regina M. Rodriguez on 6/23/2026. Text Only Entry (rmrja)
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| Filing 53 MOTION to Dismiss by Defendant Moses Andre Stancil. (Urquhart, Joshua) |
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Filing 52
ORDER REFERRING MOTION: #51 MOTION to Dismiss All Claims Under Rules 12(B)(1) and 12(B)(6) filed by Randi Moore. Motion referred to Magistrate Judge Maritza Dominguez Braswell by Judge Regina M. Rodriguez on 6/22/2026. Text Only Entry (rmrja)
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| Filing 51 MOTION to Dismiss All Claims Under Rules 12(B)(1) and 12(B)(6) by Defendant Randi Moore. (Attachments: #1 Appendix Appendix 1)(Buchalter, Tara) |
| Filing 50 WAIVER OF SERVICE Returned Executed by Kimberly Kline. Kimberly Kline waiver sent on 5/21/2026, answer due 7/20/2026. (Mendez, Brianna) |
| Filing 49 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Stan Hilkey, Armando Saldate III. Stan Hilkey answer due 7/13/2026; Armando Saldate III answer due 7/13/2026. (Mendez, Brianna) |
| Filing 48 NOTICE of Entry of Appearance and Notice of Substitution of Party Pursuant to Fed.R.Civ.P. 25(d) by Brianna Mendez on behalf of Stan Hilkey, Kimberly Kline, Armando Saldate IIIAttorney Brianna Mendez added to party Stan Hilkey(pty:dft), Attorney Brianna Mendez added to party Kimberly Kline(pty:dft), Attorney Brianna Mendez added to party Armando Saldate III(pty:dft) (Mendez, Brianna) |
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Filing 47
ORDER. In light of Defendant Phillip P. Weiser's dismissal from this action, ECF No. #46 , Defendant's Motion to Dismiss #34 is denied as MOOT. SO ORDERED. by Judge Regina M. Rodriguez on 6/4/2026. Text Only Entry(rmrja)
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Filing 46
ORDER FOR DISMISSAL. The above-captioned matter is dismissed without prejudice against Defendant Phillip J. Weiser, only, with each party to bear their own attorneys' fees and costs. The caption on all subsequent filings shall reflect the removal of Defendant Phillip J. Weiser as a Defendant in this case. SO ORDERED by Judge Regina M. Rodriguez on 6/4/2026. (ccuen, )
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| Filing 45 SUPPLEMENT/AMENDMENT to #28 Response to Motion by Plaintiff Randall Mark Ostebo. (Attachments: #1 Exhibit)(Barrionuevo, Mark) |
| Filing 44 Unopposed MOTION to Dismiss Party Philip J. Weiser by Plaintiff Randall Mark Ostebo. (Attachments: #1 Proposed Order (PDF Only))(Barrionuevo, Mark) Modified on 6/4/2026 to terminate pursuant to ECF #46 (ccuen, ). |
| Filing 43 NOTICE of Entry of Appearance by Abigail Leah Smith on behalf of Moses Andre StancilAttorney Abigail Leah Smith added to party Moses Andre Stancil(pty:dft) (Smith, Abigail) |
| Filing 42 NOTICE of Entry of Appearance by Joshua G. Urquhart on behalf of Moses Andre StancilAttorney Joshua G. Urquhart added to party Moses Andre Stancil(pty:dft) (Urquhart, Joshua) |
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Filing 41
MINUTE ORDER granting #36 Unopposed Motion for Extension of Time. Plaintiff's deadline to respond to #34 Defendant Colorado Attorney General's Motion to Dismiss is extended through June 22, 2026. By Magistrate Judge Maritza Dominguez Braswell on 5/22/2026. Text Only Entry(mdblc6.)
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Filing 40
ORDER REFERRING MOTION: #36 Unopposed MOTION for Extension of Time to File Response/Reply as to #34 MOTION to Dismiss Under Rules 12(b)(1) and 12(b)(6) filed by Randall Mark Ostebo.Motion referred to Magistrate Judge Maritza Dominguez Braswell by Judge Regina M. Rodriguez on 5/21/2026. Text Only Entry (rmrja)
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| Filing 39 WAIVER OF SERVICE Returned Executed by Randall Mark Ostebo. Moses Andre Stancil waiver sent on 4/22/2026, answer due 6/22/2026. (Barrionuevo, Mark) |
| Filing 38 WAIVER OF SERVICE Returned Executed by Randall Mark Ostebo. Stan Hilkey waiver sent on 4/22/2026, answer due 6/22/2026. (Barrionuevo, Mark) |
| Filing 37 WAIVER OF SERVICE Returned Executed by Randall Mark Ostebo. Armando Saldate III waiver sent on 4/22/2026, answer due 6/22/2026. (Barrionuevo, Mark) |
| Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply as to #34 MOTION to Dismiss Under Rules 12(b)(1) and 12(b)(6) by Plaintiff Randall Mark Ostebo. (Attachments: #1 Proposed Order (PDF Only))(Barrionuevo, Mark) |
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Filing 35
ORDER REFERRING MOTION: #34 MOTION to Dismiss Under Rules 12(b)(1) and 12(b)(6) filed by Philip J. Weiser. Motion referred to Magistrate Judge Maritza Dominguez Braswell by Judge Regina M. Rodriguez on 5/4/2026. Text Only Entry (kmyha)
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| Filing 34 MOTION to Dismiss Under Rules 12(b)(1) and 12(b)(6) by Defendant Philip J. Weiser. (Attachments: #1 Exhibit A, #2 Exhibit B)(Buckley, Emily) |
| Filing 33 REPLY to Response to #15 MOTION to Dismiss (Memorandum in support) filed by Defendants Keith Ellison, Kelly Mitchell, Paul Schnell. (Stockmeyer, Edwin) |
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Filing 32
MINUTE ORDER: The substitution of party request at ECF #29 is granted. Pursuant to Fed. R. Civ. P. 25(d), Randi Moore is hereby substituted in place of Defendant Justin Hall. The Clerk is directed to update the caption accordingly. By Magistrate Judge Maritza Dominguez Braswell on 5/4/2026. Text Only Entry(mdblc1)
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Filing 31
ORDER REFERRING MOTION: #29 MOTION for Leave to Appear Entry of Appearance and Notice of Substitution of Party Pursuant to FED.R.CIV.P. 25(d) filed by Justin JR Hall. Motion referred to Magistrate Judge Maritza Dominguez Braswell by Judge Regina M. Rodriguez on 5/1/2026. Text Only Entry (rmrja)
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| Filing 30 WAIVER OF SERVICE Returned Executed by Justin JR Hall. Justin JR Hall waiver sent on 4/22/2026, answer due 6/22/2026. (Buchalter, Tara) |
| Filing 29 MOTION for Leave to Appear Entry of Appearance and Notice of Substitution of Party Pursuant to FED.R.CIV.P. 25(d) by Defendant Justin JR Hall. (Buchalter, Tara) |
| Filing 28 RESPONSE to #15 MOTION to Dismiss (Memorandum in support) Defendants Keith Ellison, Paul Schnell, and Kelly Mitchell filed by Plaintiff Randall Mark Ostebo. (Attachments: #1 Exhibit)(Barrionuevo, Mark) |
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Filing 27
MINUTE ORDER: The #15 Joint Motion to Stay Discovery Pending Resolution of Motions to Dismiss is granted. This matter is stayed pending resolution of the #15 Motion to Dismiss and any forthcoming motions to dismiss. The deadline to file a proposed scheduling order is vacated and will be reset, if necessary, at a later date. Plaintiff's #22 Motion to Withdraw Request for Clerk's Entry of Default Pursuant to Fed. R. Civ. P. 55(a) is granted. The filings at ECF #21 and #22 are deemed withdrawn.Finally, Defendant Weiser's #23 Unopposed Motion for Extension of Time to Respond to Complaint is granted. Defendant Weiser's deadline to answer or otherwise respond to the Complaint is extended to May 4, 2026. By Magistrate Judge Maritza Dominguez Braswell on 4/20/2026. Text Only Entry(mdblc1)
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Filing 26
ORDER REFERRING MOTIONS: #22 Unopposed MOTION to Withdraw Document re #20 MOTION for Default Judgment as to Defendants Moses Andre Stancil, Exec. Dir. CO DOC; Justin JR Hall, Chair CO State Board of Parole; Kimberly Kline, Chair CO SOMB; Stan Hilkey, Exec. Dir. CO Dept. of filed by Randall Mark Ostebo, #18 Joint MOTION to Stay re #8 Order Discovery Pending Resolution of Motions to Dismiss filed by Kelly Mitchell, Paul Schnell, Keith Ellison, #20 MOTION for Default Judgment as to Defendants Moses Andre Stancil, Exec. Dir. CO DOC; Justin JR Hall, Chair CO State Board of Parole; Kimberly Kline, Chair CO SOMB; Stan Hilkey, Exec. Dir. CO Dept. of Public Safety; and Armando Saldate, III, Dir. C filed by Randall Mark Ostebo, #15 MOTION to Dismiss (Memorandum in support) filed by Kelly Mitchell, Paul Schnell, Keith Ellison, #21 MOTION for Default Judgment as to Defendants Moses Andre Stancil, Exec. Dir. CO DOC; Justin JR Hall, Chair CO State Board of Parole; Kimberly Kline, Chair CO SOMB; Stan Hilkey, Exec. Dir. CO Dept. of Public Safety; and Armando Saldate, III, Dir. C filed by Randall Mark Ostebo, #23 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, filed by Philip J. Weiser.Motions referred to Magistrate Judge Maritza Dominguez Braswell by Judge Regina M. Rodriguez on 4/20/2026. Text Only Entry (rmrja)
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Filing 25
ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell. 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 Judge Regina M. Rodriguez on 4/20/2026. Text Only Entry (rmrja)
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| Filing 24 CASE REASSIGNED Pursuant to #19 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. Case randomly reassigned to Judge Regina M. Rodriguez. All future pleadings should be designated as 26-cv-00641-RMR. (Text Only Entry) (jrobe, ) |
| Filing 23 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, by Defendant Philip J. Weiser. (Buckley, Emily) |
| Filing 22 Unopposed MOTION to Withdraw Document re #20 MOTION for Default Judgment as to Defendants Moses Andre Stancil, Exec. Dir. CO DOC; Justin JR Hall, Chair CO State Board of Parole; Kimberly Kline, Chair CO SOMB; Stan Hilkey, Exec. Dir. CO Dept. of Public Safety; and Armando Saldate, III, Dir. C, #21 MOTION for Default Judgment as to Defendants Moses Andre Stancil, Exec. Dir. CO DOC; Justin JR Hall, Chair CO State Board of Parole; Kimberly Kline, Chair CO SOMB; Stan Hilkey, Exec. Dir. CO Dept. of Public Safety; and Armando Saldate, III, Dir. C by Plaintiff Randall Mark Ostebo. (Barrionuevo, Mark) |
| Filing 21 MOTION for Default Judgment as to Defendants Moses Andre Stancil, Exec. Dir. CO DOC; Justin JR Hall, Chair CO State Board of Parole; Kimberly Kline, Chair CO SOMB; Stan Hilkey, Exec. Dir. CO Dept. of Public Safety; and Armando Saldate, III, Dir. CO CBI by Plaintiff Randall Mark Ostebo. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Barrionuevo, Mark) |
| Filing 20 MOTION for Default Judgment as to Defendants Moses Andre Stancil, Exec. Dir. CO DOC; Justin JR Hall, Chair CO State Board of Parole; Kimberly Kline, Chair CO SOMB; Stan Hilkey, Exec. Dir. CO Dept. of Public Safety; and Armando Saldate, III, Dir. CO CBI by Plaintiff Randall Mark Ostebo. (Barrionuevo, Mark) |
| Filing 19 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Randall Mark Ostebo All parties do not consent.. (Barrionuevo, Mark) |
| Filing 18 Joint MOTION to Stay re #8 Order Discovery Pending Resolution of Motions to Dismiss by Defendants Keith Ellison, Kelly Mitchell, Paul Schnell. (Kemp, Kelly) |
| Filing 17 NOTICE of Entry of Appearance by Kelly Susan Kemp on behalf of Keith Ellison, Kelly Mitchell, Paul SchnellAttorney Kelly Susan Kemp added to party Keith Ellison(pty:dft), Attorney Kelly Susan Kemp added to party Kelly Mitchell(pty:dft), Attorney Kelly Susan Kemp added to party Paul Schnell(pty:dft) (Kemp, Kelly) |
| Filing 16 NOTICE of Entry of Appearance by Lauren Eileen Davison on behalf of Philip J. Weiser Attorney Lauren Eileen Davison added to party Philip J. Weiser (pty:dft) (Davison, Lauren) |
| Filing 15 MOTION to Dismiss (Memorandum in support) by Defendants Keith Ellison, Kelly Mitchell, Paul Schnell. (Stockmeyer, Edwin) |
| Filing 14 NOTICE of Entry of Appearance by Edwin Stockmeyer on behalf of Keith Ellison, Kelly Mitchell, Paul SchnellAttorney Edwin Stockmeyer added to party Keith Ellison(pty:dft), Attorney Edwin Stockmeyer added to party Kelly Mitchell(pty:dft), Attorney Edwin Stockmeyer added to party Paul Schnell(pty:dft) (Stockmeyer, Edwin) |
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Filing 13
MINUTE ORDER: Defendant Weiser's deadline to answer or otherwise respond to the Complaint is extended to April 20, 2026. By Magistrate Judge Maritza Dominguez Braswell on 3/30/2026. Text Only Entry(mdblc1)
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| Filing 12 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, by Defendant Philip J. Weiser. (Buckley, Emily) |
| Filing 11 NOTICE of Voluntary Dismissal of Party ANJALI NANDI, DIRECTOR, PROBATION SERVICES, COLORADO JUDICIAL BRANCH PURSUANT TO F.R.C.P. 41(a)(1)(A)(i) by Plaintiff Randall Mark Ostebo (Attachments: #1 Proposed Order (PDF Only))(Barrionuevo, Mark) |
| Filing 10 NOTICE of Entry of Appearance by Emily B. Buckley on behalf of Philip J. Weiser Attorney Emily B. Buckley added to party Philip J. Weiser (pty:dft) (Buckley, Emily) |
| Filing 9 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons) (agryan) |
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Filing 8
ORDER SETTING INITIAL CASE DEADLINES. Consent Form due by 4/15/2026. Proposed Scheduling Order due 4/15/2026. By Magistrate Judge Maritza Dominguez Braswell on 3/5/2026. (evaug)
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| Filing 7 SUMMONS REQUEST as to Philip J. Weiser, Keith Ellison, Moses "Andre" Stancil, Justin "JR" Hall, Anjali Nandi, Paul Schnell, Kelly Mitchell, Kimberly Kline, Stan Hilke, Armando Saldate III re #1 Complaint,, by Plaintiff Randall Mark Ostebo. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons)(Barrionuevo, Mark) |
| Filing 6 ADVISORY NOTICE: re: #5 Summons Request. The summons cannot be issued with an incomplete caption. (Text Only Entry) (agarc, ) |
| Filing 5 SUMMONS REQUEST as to Stan Hilkey, Philip Weiser, Paul Schnell, Moses Andre Stancil, Justin JR Hall, Kimberly Kline, Anjali Nandi, Kelly Mitchell, Keith Ellison, Armando Saldate III re #1 Complaint,, by Plaintiff Randall Mark Ostebo. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons)(Barrionuevo, Mark) |
| Filing 4 MEMORANDUM RETURNING CASE. Case randomly reassigned to Magistrate Judge Maritza Dominguez Braswell for all further proceedings. Judge R. Brooke Jackson is no longer assigned to case. All future pleadings should be designated as 26-cv-00641-MDB. (ccuen, ) |
| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons Issued due to Incomplete Caption. (eguth, ) |
| Filing 2 Case assigned to Judge R. Brooke Jackson and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (eguth, ) |
| Filing 1 COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF PURSUANT TO 42 U.S.C. 1983 against Keith Ellison, Justin "JR" Hall, Stan Hilkey, Kimberly Kline, Kelly Mitchell, Anjali Nandi, Armando Saldate III, Paul Schnell, Moses Andre Stancil, Philip J. Weiser (Filing fee $ 405,Receipt Number ACODC-10828608)Attorney Mark Anthony Barrionuevo added to party Randall Mark Ostebo(pty:pla), filed by Randall Mark Ostebo. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons)(Barrionuevo, Mark) |
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