Mullally v. Coolman
Plaintiff: Christopher Andrew Mullally
Defendant: Coolman (I)
Case Number: 1:2026cv00832
Filed: February 25, 2026
Court: U.S. District Court for the District of Colorado
Presiding Judge: LEWIS T. BABCOCK
Referring Judge: S Kato Crews
2 Judge: S Kato Crews
3 Judge: SCOTT T. VARHOLAK
4 Judge: SCOTT T. VARHOLAK
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 5, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 5, 2026 Filing 57 SUMMONS Returned Executed Coolman (I) served on 8/3/2026, answer due 8/24/2026. (jrobe, )
July 29, 2026 Filing 56 THIRD AMENDED COMPLAINT against against Coolman (I), et al, filed by Christopher Andrew Mullally. (3rd amended complaint filed per #55 Order).(sphil, )
July 29, 2026 Opinion or Order Filing 55 ORDER granting #52 Plaintiff's Motion for Leave to File Third Amended Complaint. The Clerk of Court is directed to enter Dkt. No. 52-1 as Plaintiff's Third Amended Complaint. It appears that Dkt. No. 52 is a slightly modified version of #51 Plaintiff's Motion for Leave to File Third Amended Complaint. Therefore, #51 is DENIED as moot. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/29/2026. 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(stvlc7, )
July 29, 2026 Filing 54 MEMORANDUM regarding #52 MOTION for Leave to filed by Christopher Andrew Mullally. Motion referred to Magistrate Judge Scott T. Varholak. By Judge S. Kato Crews on 7/29/2026. 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 (skcja, )
July 29, 2026 Filing 53 MEMORANDUM regarding #51 MOTION for Leave to filed by Christopher Andrew Mullally. Motion referred to Magistrate Judge Scott T. Varholak. By Judge S. Kato Crews on 7/29/2026. 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 (skcja, )
July 28, 2026 Filing 52 MOTION for Leave to File Third Amended Complaint by Plaintiff Christopher Andrew Mullally. (Attachments: #1 Proposed Document, #2 Exhibit, #3 Proposed Order (PDF Only))(jrobe, )
July 28, 2026 Filing 51 MOTION for Leave to File Third Amended Complaint by Plaintiff Christopher Andrew Mullally. (Attachments: #1 Proposed Document, #2 Exhibit, #3 Proposed Order (PDF Only))(jrobe, )
July 27, 2026 Filing 50 NOTICE of Address of Record by Plaintiff Christopher Andrew Mullally. (echa, )
July 20, 2026 Opinion or Order Filing 49 ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 7/20/2026. Proposed Pretrial Order due by 9/15/2026. Scheduling Conference set for 9/22/2026 11:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. 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. (sphil, )
July 20, 2026 Filing 48 CERTIFICATE of Service by Clerk of Court re #43 Order, #24 Amended Complaint for Service of Process. (Attachments: #1 U.S. Marshal Service Form) (jrobe, )
July 20, 2026 Filing 47 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jrobe, )
July 20, 2026 Filing 46 NOTICE ENCOURAGING CONSIDERATION OF CONSENT TO MAGISTRATE JUDGE JURISDICTION: This district's magistrate judges play a crucial role in the work and structure of the district court and the administration of justice. Under Local Rule 72.2, the parties have the option to consent to their case being presided over by a magistrate judge instead of a district judge. This court encourages parties to meaningfully confer and consider consenting to magistrate judge jurisdiction. There are many benefits to consenting. One such benefit is having a single judicial officer preside over every aspect of your case rather than two. A second benefit is the certainty of not having your trial date vacated when set before a magistrate judge. District judges preside over felony criminal cases and those cases receive priority over civil cases because of a criminal defendant's speedy trial rights. Magistrate judges do not preside over felony criminal cases, and therefore, they do not have to vacate civil trials because of criminal cases. If the parties do not choose to consent to magistrate judge jurisdiction, they should keep in mind Local Rule 72.3. Under this rule, the parties may consent to the final determination of a dispositive motion (motion for summary judgment or motion to dismiss) by the assigned magistrate judge by filing a notice of consent for that motion. Please refer to Local Rule 72.3 for more information on that option. Consent to magistrate judge jurisdiction is voluntary, and no adverse consequence will result if one or more parties decline to consent. By Judge S. Kato Crews on 7/20/2026. 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 (skcja, )
July 20, 2026 Opinion or Order Filing 45 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for all motions. 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, and (3) hear and determine pretrial matters, including discovery and other dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. 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. Alternatively, the Magistrate Judge, at their discretion, may 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. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge S. Kato Crews on 7/20/2026. 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 (skcja, )
July 17, 2026 Opinion or Order Filing 44 ORDER REASSIGNING CASE pursuant to #43 Order. Case randomly reassigned to Judge S. Kato Crews and drawn to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 26-cv-00832-SKC). Entered by Judge Lewis T. Babcock on 7/17/2026. 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. (echa, )
July 17, 2026 Opinion or Order Filing 43 ORDER. It is ORDERED that Plaintiff's written objections (ECF No. #42 ) are OVER-RULED, except his objection to dismissal of Count III of the SAC as asserted against Defendant Officer Coolman in his individual capacity is SUSTAINED. It is FURTHER ORDERED that the Recommendation of United States Magistrate Judge (ECF No. #41 ) is ACCEPTED and ADOPTED, except for the recommendation to dismiss Count III of the SAC as asserted against Defendant Officer Coolman in his individual capacity. It is FURTHER ORDERED that Counts II and III of the Second Amended Complaint, asserting 42 U.S.C. 1983 claims against Defendant Officer Coolman, in his individual capacity, for violation of Plaintiff's Fourth Amendment rights, and his Fourteenth 11 Amendment right to familial association, are ASSIGNED to District Judge S. Kato Crews and Magistrate Judge Scott T. Varholak pursuant to D.C.COLO.LCivR 8.1(c) and 40.1(d)(1); see also Christopher Andrew Mullally v. John R. Hardman, et al., Case No. 25-cv-01071-SKC-STV (pending); Mullally v. Westlake Financial Services, Inc., Case No. 25-cv-01729-SKC-STV (pending). It is FURTHER ORDERED that the Plaintiff's Emergency Verified Motions for Temporary Restraining Order (ECF Nos. #30 & #32 ) are DENIED for the reasons stated in the April 28, 2026 Order (ECF No. #34 ). It is FURTHER ORDERED that Plaintiff's Motion for Partial Summary Judgment (ECF No. #3 ) is DENIED. It is FURTHER ORDERED that Plaintiff's Renewed Appointment of Pro Bono Counsel (ECF No. #26 ) is DENIED WITHOUT PREJUDICE. Entered by Judge Lewis T. Babcock on 7/17/2026. 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.(echa, )
June 15, 2026 Filing 42 OBJECTION to the Recommendation of the United States Magistrate Judge (ECF No. #41 ) by Plaintiff Christopher Andrew Mullally. (Attachments: #1 Proposed Order (PDF Only))(echa, )
June 9, 2026 Filing 41 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. It is respectfully RECOMMENDED that the Second Amended Prisoner Complaint be dismissed in substantial part and the remaining claim be assigned to District Judge S. Kato Crews and to Magistrate Judge Scott T. Varholak, by Magistrate Judge Richard T. Gurley on 6/9/2026. 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. (echa, )
June 4, 2026 Opinion or Order Filing 40 ORDER OF REFERENCE to the United States Magistrate Judge, by Judge Lewis T. Babcock on 6/4/2026. Pursuant to 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1, United States Magistrate Judge Richard T. Gurley is designated to conduct proceedings in this civil action. 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, )
June 3, 2026 Opinion or Order Filing 39 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 6/3/2026. 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, )
May 11, 2026 Filing 38 Mail Returned as Undeliverable Addressed to Christopher Andrew Mullaly re #34 . (pklin, )
May 11, 2026 Filing 37 Mail Returned as Undeliverable Addressed to Christopher Andrew Mullaly re #32 , #33 . (pklin, )
May 11, 2026 Filing 36 Mail Returned as Undeliverable Addressed to Christopher Andrew Mullaly re #30 , #31 . (pklin, )
May 6, 2026 Filing 35 Mail Returned as Undeliverable re: #29 Notice, #28 MOTION for Temporary Restraining Order Addressed to Christopher Andrew Mullally. (anewt,)
April 28, 2026 Opinion or Order Filing 34 ORDER DENYING MOTION FOR PRELIMINARY INJUNCTIVE RELIEF. ORDERED that Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction for Preservation of Evidence Pursuant to Fed. R. Civ. P. 65 (ECF No. #28 ), filed on April 22, 2026, is DENIED. By Judge Lewis T. Babcock on 4/28/2026. 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. (anewt,)
April 27, 2026 Filing 33 DECLARATION of Christopher Andrew Mullally in Support of #32 Emergency Motion for Temporary Restraining Order and Preservation Relief by Plaintiff Christopher Andrew Mullally. (anewt,)
April 27, 2026 Filing 32 PLAINTIFF'S EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Christopher Andrew Mullally. (Attachments: #1 Proposed Order)(anewt,)
April 24, 2026 Filing 31 DECLARATION of Christopher Andrew Mullally in Support of #30 Emergency Motion for Temporary Restraining Order and Preservation Relief by Plaintiff Christopher Andrew Mullally. (anewt,)
April 24, 2026 Filing 30 Plaintiff's EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Christopher Andrew Mullally. (Attachments: #1 Proposed Order, #2 Cover Letter)(anewt,)
April 22, 2026 Filing 29 Plaintiff's Notice of the Death of Joseph Patrick Mullally and of Parallel State Emergency Proceedings for Evidence Preservation by Plaintiff Christopher Andrew Mullally (anewt,)
April 22, 2026 Filing 28 Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction for Preservation of Evidence Pursuant to FED. R. CIV. P. 65 by Plaintiff Christopher Andrew Mullally. (Attachments: #1 Proposed Order) (anewt,)
April 14, 2026 Filing 27 Mail Returned as Undeliverable re: #23 Order on Motion for TRO,, Order on Motion for Preliminary Injunction, Addressed to Christopher Andrew Mullally. (agryan)
April 8, 2026 Filing 26 RENEWED MOTION for Appointment of Pro Bono Counsel by Plaintiff Christopher Andrew Mullally. (Attachments: #1 Proposed Order)(anewt,)
April 8, 2026 Filing 25 NOTICE of Compliance with Order Directing Plaintiff to File Amended Complaint (Doc #22 ) by Plaintiff Christopher Andrew Mullally (anewt,)
April 8, 2026 Filing 24 AMENDED COMPLAINT against Coolman, Coolman (I), Garfield County, Colorado, Elizabeth (I) Girling, Marie (I) Herr, Stephen (I) Hook, Jeff Lawson, Jeff (I) Lawson, Dawn Marie Mullally, Joseph Mathew Mullally, Matthew James Mullally, Pacifica Senior Living Re Fund, LLC, Selena (I) Sim-Steele, Sheila Strouse, Sheila (I) Strouse, Town of Carbondale, Colorado, Mathew (I) L. Trinidad, Wellage Senior Living, LLC, Kirk Wilson, Kirk (I) Wilson, filed by Christopher Andrew Mullally. (Attachments: #1 Continuation of Main Document)(anewt, )
March 31, 2026 Opinion or Order Filing 23 ORDER DENYING MOTIONS FOR PRELIMINARY INJUNCTIVE RELIEF. ORDERED that Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. #2 ) and Motion for Preliminary Injunction (ECF No. #4 ), filed on February 25, 2026, are DENIED. by Judge Lewis T. Babcock on 3/31/2026. 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, )
March 30, 2026 Opinion or Order Filing 22 ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT. ORDERED that Plaintiff shall file, within thirty (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 Plaintiff fails to file an amended Complaint within the time allowed, some of this action may be for the reasons discussed above. By Magistrate Judge Richard T. Gurley 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. (anewt,)
March 27, 2026 Filing 21 FIRST AMENDED VERIFIED COMPLAINT against Colorado Department of Human Services, Coolman, Coolman (I), Andrea Dazzi, Andrea (I) Dazzi, Garfield County, Colorado, Marie Herr, Marie (I) Herr, Stephen Hook, Stephen (I) Hook, Jeff Lawson, Jeff (I) Lawson, Leah McMahon, Leah (I) McMahon, Dawn Marie Mullally, Matthew James Mullally, Anne K. Norrdin, Selena (I) Sim-Steele, Selena Sims-Steele, Sopris Lodge at Carbondale, The, Town of Carbondale, Colorado, filed by Christopher Andrew Mullally.(echa, )
March 27, 2026 Filing 20 NOTICE of Correct Mailing Address by Plaintiff Christopher Andrew Mullally. (echa, )
March 18, 2026 Filing 19 NOTICE OF REVOCATION OF E-FILING PRIVILEGES re: #18 Objections. Christopher Andrew Mullally received a First and Final Notice of Noncompliance on 3/11/2026. E-filer subsequently submitted the linked documents to be filed by the Clerk in violation of the Electronic Case Filing Procedures for the District of Colorado (Civil Cases), Section I, Paragraph 1.1. The Clerk hereby revokes e-filing privileges. All further service to this party should be effectuated by U.S. Mail. (Text Only Entry) (echa, )
March 17, 2026 Filing 18 Formal OBJECTION to Closure, Demand for Reconsideration and Investigation, and Notice of Intent to Seek Judicial Relief by Plaintiff Christopher Andrew Mullally. (echa, )
March 16, 2026 Filing 17 Mail Returned as Undeliverable re: #10 Order on Motion for Discovery,,,, Order on Motion for Order,,,, Order on Motion to Appoint Pro Bono Counsel,,, Addressed to Christopher Andrew Mullally. (echa, )
March 12, 2026 Opinion or Order Filing 16 ORDER Granting Plaintiff Leave to Proceed Under 28 U.S.C. 1915. It is ORDERED that the Corrected Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. #13 ) is GRANTED. It is FURTHER ORDERED that the Motion for Leave to Proceed In Forma Pauperis (ECF No. #1 ) is DENIED WITHOUT PREJUDICE as not filed on the correct form, 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.(echa, )
March 11, 2026 Filing 15 FIRST AND FINAL NOTICE OF NONCOMPLIANCE: re: #14 Amended Complaint, #13 Application to Proceed in District Court Without Prepaying Fees or Costs., #12 Response. Christopher Andrew Mullally sought and received e-filing privileges on 3/9/2026. E-filer subsequently submitted the linked documents to be filed by the Clerk in violation of the Electronic Case Filing Procedures for the District of Colorado (Civil Cases), Section I, Paragraph 1.1. Failure to file future documents through the electronic case filing system will result in the revocation of electronic filing privileges. (Text Only Entry) (echa, )
March 11, 2026 Filing 14 COMPLAINT against City of Carbondale, Colorado, Colorado Department of Human Services, Coolman, Coolman (I), Andrea Dazzi, Andrea (I) Dazzi, Garfield County, Colorado, Marie Herr, Marie (I) Herr, Jeff Lawson, Jeff (I) Lawson, Leah McMahon, Leah (I) McMahon, Dawn Marie Mullally, Matthew James Mullally, Anne K. Norrdin, Sopris Lodge at Carbondale, The, filed by Christopher Andrew Mullally.(echa, ) Modified on 3/12/2026 to correct text pursuant to Chambers (amona, ).
March 11, 2026 Filing 13 Corrected Application to Proceed in District Court Without Prepaying Fees or Costs by Plaintiff Christopher Andrew Mullally. (echa, )
March 11, 2026 Filing 12 RESPONSE to #10 Order Directing Plaintiffs to Cure Deficiencies (ECF No. 10) by Plaintiff Christopher Andrew Mullally. (echa, )
March 9, 2026 Filing 11 NOTICE OF PRO SE E-FILING PRIVILEGES: Plaintiff, Christopher Andrew Mullally, sought and received e-filing privileges on 3/9/2026. All further service will be effectuated electronically via CM/ECF to the email address of record.(Text Only Entry) (dgumb, )
March 3, 2026 Opinion or Order Filing 10 ORDER Denying Motion for Appointment of Next Friend and Directing Plaintiffs to Cure Deficiencies. ORDERED that Plaintiffs cure the deficiencies designated above within thirty (30) days from the date of this order. If Plaintiffs fail to cure the designated deficiencies within thirty (30) days from the date of this order, the action will be dismissed without further notice. ORDERED that the Motion for Appointment as Next Friend (ECF No. #6 ), and Motion for Appointment of Pro Bono Counsel (ECF No. #7 ), are denied without prejudice. ORDERED that the Motion for Leave to Conduct Expedited Discovery and for Preservation Order (ECF No. #5 ) is denied without prejudice as premature while this case is in initial review. By Magistrate Judge Richard T. Gurley on 3/3/2026. 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.(amona,)
February 25, 2026 Filing 9 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (echa, )
February 25, 2026 Filing 8 NOTICE of Jurisdictional Collapse Section and Exhibit Index by Plaintiff Christopher Andrew Mullally (Attachments: #1 Master Exhibit Index)(echa, )
February 25, 2026 Filing 7 MOTION for Appointment of Pro Bono Counsel by Plaintiff Christopher Andrew Mullally. (echa, )
February 25, 2026 Filing 6 MOTION for Appointment as Next Friend by Plaintiff Christopher Andrew Mullally. (Attachments: #1 Proposed Order (PDF Only))(echa, )
February 25, 2026 Filing 5 MOTION for Leave to Conduct Expedited Discovery and for Preservation Order by Plaintiff Christopher Andrew Mullally. (echa, )
February 25, 2026 Filing 4 MOTION for Preliminary Injunction by Plaintiff Christopher Andrew Mullally. (echa, )
February 25, 2026 Filing 3 MOTION for Partial Summary Judgment by Plaintiff Christopher Andrew Mullally. (Attachments: #1 Duplicate Sent via Email)(echa, )
February 25, 2026 Filing 2 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Christopher Andrew Mullally. (Attachment(s) #1 Proposed Order (PDF Only)) (echa, )
February 25, 2026 Filing 1 MOTION for Leave to Proceed In Forma Pauperis by Plaintiff Christopher Andrew Mullally. (Attachments: #1 Proposed Order (PDF Only), #2 Civil Cover Sheet)(echa, )

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Plaintiff: Christopher Andrew Mullally
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Defendant: Coolman (I)
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