Stewart v. Polis et al
| Wayne Richard Stewart |
| Jared Polis, Moses Andre Stancil, Allison Talley, Amanda Retting, Chris Lobanov-Rostovsky and Shane Stucker |
| THE CASE MANAGER/INMATE COORDINATOR OF: Wayne Richard Stewart, #51666 |
| 1:2026cv00931 |
| March 6, 2026 |
| U.S. District Court for the District of Colorado |
| N Reid Neureiter |
| Regina M Rodriguez |
| Prisoner - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 5, 2026. A more recent docket listing may be available from PACER.
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| Filing 40 Notice of Pro Bono Appointment. Attorneys Michael Christopher Theis, Elizabeth Alice Och, Edwin Esteban Bruns, and Clara Campbell Troyer of Hogan Lovells US LLP have been selected as counsel to represent the Plaintiff, in accordance with the Court's Order of August 3, 2026, and D.C.COLO.LAttyR 15(f) of the U.S. District Court's Local Rules of Practice. Counsel has sixty days to either enter an appearance in the case or to file a Notice Declining Appointment. This Notice of Appointment will be sent to the pro se litigant and selected counsel by the undersigned designated clerk. (adubo) |
Filing 39
ORDER. Pursuant to D.C.COLO.LAttyR 15(e)(1), Plaintiff's Prisoner Motion for Appointment of Counsel #38 is GRANTED. The Court finds good cause to appoint counsel to assist Plaintiff in prosecuting this lawsuit. Accordingly, the Court directs the Clerk's office to place Plaintiff on the list of persons requesting appointment of pro bono counsel. Unless counsel enters an appearance on Plaintiff's behalf, Plaintiff remains responsible for complying with all court rules and all deadlines in the case. SO ORDERED by Judge Regina M. Rodriguez on 8/3/2026. 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. Text Only Entry(rmrja)
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| Filing 38 MOTION to Appoint Pro-Bono Counsel, by Plaintiff Wayne Richard Stewart. (Attachments: #1 Envelope)(ccuen, ) |
| Filing 37 MOTION to Vacate and Reset Oral Argument on Motions, by Plaintiff Wayne Richard Stewart. (Attachments: #1 Envelope)(ccuen, ) |
| Filing 36 REPLY to Response to #29 Partial MOTION to Dismiss Prisoner Complaint (ECF No. 1) pursuant to Rule 12(b)(6) filed by Defendants Amanda Retting, Moses Andre Stancil, Shane Stucker, Allison Talley. (Pitts-Fisher, Rachel) |
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Filing 35
ORDER. It is ORDERED that discovery in each of the above-captioned cases is consolidated and all future discovery-related matters shall be filed in Case No. 1:25-cv-02299. Defendants may file motions to dismiss in individual cases by July 16, 2026, with Plaintiff's responses due August 6, 2026, and Defendants' reply due August 17, 2026. It is FURTHER ORDERED that Plaintiffs who intend to move for appointment of counsel pursuant to D.C.COLO.LAttyR 15(e)(1) must do so by September 1, 2026. Finally, it is FURTHER ORDERED that all parties must appear for the Status Conference on October 16, 2026 at 1:00 p.m. SO ORDERED by Judge Regina M. Rodriguez on 7/2/2026. 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. (eluce, )
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Filing 34
MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 7/1/2026. In light of communications with Judge Rodriguez's chambers, it is hereby ORDERED that the hearing set for July 21, 2026 at 2:00 p.m. is VACATED. 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 (nrnlc2, )
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| Motion(s) No Longer Referred: #29 Partial MOTION to Dismiss Prisoner Complaint (ECF No. 1) pursuant to Rule 12(b)(6), #20 MOTION to Dismiss by Judge Regina M. Rodriguez on 7/1/2026. 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 (kmyha, ) |
| Filing 33 MINUTE ENTRY for proceedings held before Magistrate Judge N. Reid Neureiter: Status Conference held on 6/30/2026. Oral Argument on Dkt. #20 and #29 set for 7/21/2026 at 2:00 PM in Courtroom A 401 before Magistrate Judge N. Reid Neureiter. Five minutes prior to the start of the hearing, the parties shall call the conference line 571-353-2301, Access Code 841686937# to participate. FTR: Courtroom A401. (rvill, ) |
| Filing 32 RESPONSE to #29 Motion to Dismiss from the Defendants filed by Plaintiff Wayne Richard Stewart. (eluce, ) |
| Filing 31 REPLY to Response to #20 MOTION to Dismiss filed by Defendant Jared Polis. (Nierenberg, Lily) |
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Filing 30
ORDER REFERRING MOTION: #29 Partial MOTION to Dismiss Prisoner Complaint (ECF No. 1) pursuant to Rule 12(b)(6) filed by Shane Stucker, Moses Andre Stancil, Amanda Retting, Allison Talley. Motion referred to Magistrate Judge N. Reid Neureiter by Judge Regina M. Rodriguez on 6/15/2026. 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 (kmyha)
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| Filing 29 Partial MOTION to Dismiss Prisoner Complaint (ECF No. 1) pursuant to Rule 12(b)(6) by Defendants Amanda Retting, Moses Andre Stancil, Shane Stucker, Allison Talley. (Pitts-Fisher, Rachel) |
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Filing 28
ORDER Reassigning Cases. After conferral pursuant to Local Civil Rule 3.2(d), and pursuant to Local Civil Rule 40.1(a) and (d)(4)(B) and the approval of Chief Judge Daniel D. Domenico, the Clerk of Court is DIRECTED to reassign the above-captioned cases to Judge Regina M. Rodriguez as the presiding judge and Magistrate Judge N. Reid Neureiter as the referral judge. All future pleadings should be designated as 26-cv-00931-RMR-NRN. SO ORDERED by Chief Judge Daniel D. Domenico on 06/10/2026. 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 27 RESPONSE to Governor Polis' Motion to Dismiss #20 filed by Plaintiff Wayne Richard Stewart. (agryan) |
| Filing 26 NOTICE of Entry of Appearance by Rachel Ann Pitts-Fisher on behalf of Amanda Retting, Moses Andre Stancil, Shane Stucker, Allison TalleyAttorney Rachel Ann Pitts-Fisher added to party Amanda Retting(pty:dft), Attorney Rachel Ann Pitts-Fisher added to party Moses Andre Stancil(pty:dft), Attorney Rachel Ann Pitts-Fisher added to party Shane Stucker(pty:dft), Attorney Rachel Ann Pitts-Fisher added to party Allison Talley(pty:dft) (Pitts-Fisher, Rachel) |
| Filing 25 NOTICE of Entry of Appearance by Joshua G. Urquhart on behalf of Amanda Retting, Moses Andre Stancil, Shane Stucker, Allison TalleyAttorney Joshua G. Urquhart added to party Amanda Retting(pty:dft), Attorney Joshua G. Urquhart added to party Moses Andre Stancil(pty:dft), Attorney Joshua G. Urquhart added to party Shane Stucker(pty:dft), Attorney Joshua G. Urquhart added to party Allison Talley(pty:dft) (Urquhart, Joshua) |
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Filing 24
MINUTE ORDER It is hereby ORDERED that Plaintiff's Motion to Expand Time to File a Response or Objection (ECF No. #22 ) is GRANTED. Plaintiff shall respond to Defendant Polis's Motion to Dismiss (ECF No. #20 ) on or before June 12, 2026. By Magistrate Judge N. Reid Neureiter on 05/19/2026. 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.(jrobe, )
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Filing 23
ORDER REFERRING MOTION: #22 Motion to Expand Time to File a Response or Objection filed by Wayne Richard Stewart. Motion referred to Magistrate Judge N. Reid Neureiter by Chief Judge Daniel D. Domenico on 5/19/2026. 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 22 MOTION to Expand Time to File a Response or Objection by Plaintiff Wayne Richard Stewart. (agryan) |
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Filing 21
ORDER REFERRING MOTION: #20 Motion to Dismiss filed by Jared Polis. Motion referred to Magistrate Judge N. Reid Neureiter by Chief Judge Daniel D. Domenico on 5/7/2026. SO ORDERED by Chief Judge Daniel D. Domenico on 05/07/2026. 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 20 MOTION to Dismiss by Defendant Jared Polis. (Attachments: #1 Exhibit A)(Nierenberg, Lily) |
| Filing 19 NOTICE of Related Cases by Defendant Jared Polis (Nierenberg, Lily) |
| Filing 18 NOTICE of Entry of Appearance by Lily E. Nierenberg on behalf of Jared PolisAttorney Lily E. Nierenberg added to party Jared Polis(pty:dft) (Nierenberg, Lily) |
| Filing 17 SUMMONS Returned Executed Jared Polis served on 4/16/2026, answer due 5/7/2026. (jrobe, ) |
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Filing 16
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. 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 4/22/2026. 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 15
ORDER OF RECUSAL by Judge Charlotte N. Sweeney on 4/22/2026. This case is randomly reassigned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 26-cv-00931-DDD. 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, )
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| Filing 14 CASE REASSIGNED Pursuant to #12 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. Case randomly reassigned to Judge Charlotte N. Sweeney. All future pleadings should be designated as 26-cv-00931-CNS. (Text Only Entry) (jrobe, ) |
| Filing 13 WAIVER OF SERVICE Returned Executed Chris Lobanov-Rostovsky waiver sent on 4/20/2026, answer due 6/22/2026. (jrobe, ) |
| Filing 12 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Wayne Richard Stewart All parties do not consent. (jrobe, ) |
| Filing 11 WAIVER OF SERVICE Returned Executed Amanda Retting waiver sent on 4/14/2026, answer due 6/15/2026; Moses Andre Stancil waiver sent on 4/14/2026, answer due 6/15/2026; Shane Stucker waiver sent on 4/14/2026, answer due 6/15/2026; Allison Talley waiver sent on 4/14/2026, answer due 6/15/2026. Service is not waived for Chris Lobanov-Rostovsky. (jrobe, ) |
| Filing 10 CERTIFICATE of Service by Clerk of Court re #1 Complaint for Service of Process. (Attachments: #1 U.S. Marshal Service Form) (jrobe, ) |
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Filing 9
ORDER SETTING CONSENT DEADLINE AND STATUS CONFERENCE FOR PRO SE PLAINTIFF IT IS HEREBY ORDERED that on or before June 16, 2026, the parties shall complete and file the Consent/Non-Consent Form (see ECF No. #8 ), indicating either unanimous consent of the parties or that consent has been declined. Please note that this date may be earlier than the default deadlines contemplated by D.C.COLO.LCivR 40.1(c)(4).IT IS FURTHER ORDERED that a Status Conference shall be held on: June 30, 2026 at 9:30 a.m. in Courtroom A-401, Fourth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. Absent exceptional circumstances, no request for rescheduling any appearance in this court will be entertained unless a written request is made FIVE (5) business days in advance of the date of appearance. The Status Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (571) 353-2301, Access Code 841686937# at the scheduled time. PLEASE READ ATTACHED ORDER. By Magistrate Judge N. Reid Neureiter on 04/10/2026. 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. (jrobe, )
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| Filing 8 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 7
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). 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 N. Reid Neureiter for all further proceedings. All future pleadings shall be designated to 26-cv-00931-NRN). By Magistrate Judge Richard T. Gurley on 4/9/2026. 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. (ggill, )
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Filing 6
ORDER GRANTING LEAVE TO PROCEED PURSUANT TO 28 U.S.C. 1915. ORDERED that the Amended Prisoners Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 (ECF No. #5 ) is granted. By Magistrate Judge Richard T. Gurley on 4/9/2026. 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.(ggill, )
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| Filing 5 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Wayne Richard Stewart. (Attachments: #1 Statement of Account Activity, #2 Request for Prisoner Electronic Scanning (PEF) Cover Page)(ggill, ) |
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Filing 4
ORDER Directing Plaintiff to Cure Deficiency. It is ORDERED that if Plaintiff desires to proceed with this action at this time, he 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. It is FURTHER ORDERED that if Plaintiff fails to cure the designated deficiency within 30 days from the date of this Order the action will be dismissed without further notice, by Magistrate Judge Richard T. Gurley on 3/9/2026. 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, )
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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. (dhern, ) |
| Filing 2 Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Wayne Richard Stewart. (dhern, ) |
| Filing 1 COMPLAINT against Jared Polis, Amanda Retting, Moses Andre Stancil, Allison Talley, filed by Wayne Richard Stewart.(dhern, ) |
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