Shauley v. Stancil et al
| Nicholas Lee Shauley |
| Andre Stancil, Warden of F.C.F., Delay, Vigil, Jessica Nokes, HSA of F.C.F., Head Case Manager of F.C.F. and Shane Stucker |
| CASE MANAGER FOR Nicholas Lee Shauley |
| 1:2026cv01551 |
| April 10, 2026 |
| U.S. District Court for the District of Colorado |
| Cyrus Y Chung |
| Charlotte N Sweeney |
| Prisoner - Civil Rights (U.S. not a defendant) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
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This docket was last retrieved on October 1, 2026. A more recent docket listing may be available from PACER.
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Filing 35
SCHEDULING ORDER by Magistrate Judge Cyrus Y. Chung on 10/1/2026. Designation of Affirmative Experts are due by 2/1/2027. Designation of Rebuttal Experts are due by 3/1/2027. Discovery is due by 4/1/2027. Dispositive Motions are due by 5/3/2027. 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. (spric)
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| Filing 34 MINUTE ENTRY for Status Conference held on 10/1/2026 before Magistrate Judge Cyrus Y. Chung. By agreement of the parties, the plaintiff shall respond to the Moving Defendants' Motion To Dismiss Plaintiff's Amended Prisoner Complaint (ECF NO. #8 ), ECF No. #31 , on or before November 13, 2026. The Court reviews the abbreviated scheduling order and enters the scheduling order as an order of the Court. 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. FTR: C201. (Attachments: #1 Pro Se Letter) (spric) |
| Filing 33 MEMORANDUM regarding #31 Motion to Dismiss Plaintiff's Amended Prisoner Complaint (ECF No. 8). Motion #31 is referred to Magistrate Judge Cyrus Y. Chung, by Judge Charlotte N. Sweeney on 9/21/2026. 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 (cnsja, ) |
| Filing 32 ANSWER to #8 Amended Complaint by Delay.(Synsvoll, Christopher) |
| Filing 31 MOTION to Dismiss Plaintiff's Amended Prisoner Complaint (ECF No. 8) by Defendants HSA of F.C.F., Head Case Manager of F.C.F., Jessica Nokes, Andre Stancil, Shane Stucker, Warden of F.C.F.. (Synsvoll, Christopher) |
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Filing 30
MINUTE ORDER: This matter is before the Court on email correspondence from the defendants. Mr. Synsvoll shall join the Status Conference on October 1, 2026 at 11:00 a.m. via telephone by dialing 571-353-2301 and then entering 198033559#. Please remember that, when you call in, you may be entering a proceeding already in progress for a different case; therefore, as you would if you were present in the courtroom, please ensure silence. Entered by Magistrate Judge Cyrus Y. Chung on 9/21/2026. 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 (spric)
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Filing 29
MINUTE ORDER: The matter is before the Court on Defendant's Vigil-Montano's Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Amended Prisoner Complaint, ECF No. #8 . Conferral was not required because the plaintiff is an unrepresented inmate, D.C.COLO.LCivR 7.1(b)(1), and without waiting for a response, the Court assumes the motion is opposed. D.C.COLO.LCivR 7.1(d). For good cause shown, the motion is GRANTED. Although the defendant, a retired corrections officer, was served with a summons on August 11, 2026, she was not contacted by counsel for the Colorado Attorney General's Office, who is representing the other defendants, until September 9. ECF No. #8 at 2-3. At that point, she agreed to be represented by counsel, who promptly filed the instant motion to request an extension of her time to respond to the complaint, which expired on September 1. Id. The Court therefore finds that, under "all relevant circumstances," the defendant's failure to respond was excusable neglect. Perez v. El Tequila, LLC, 847 F.3d 1247, 1253 (10th Cir. 2017). There is no danger of prejudice to the nonmoving party to permit a brief extension for the defendant to respond at the same time as the other defendants in the case, the delay is a minimal and is due to the defendant not having counsel until a month after service, and there is no indication of bad faith. See id. Accordingly, it is hereby ORDERED that the time for the defendant to answer or otherwise respond to the complaint is extended through September 25, 2026. Entered by Magistrate Judge Cyrus Y. Chung on 09/11/2026. 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 27 MEMORANDUM regarding #25 Motion for Extension of Time to File Answer or Otherwise Respond re #8 Amended Complaint. Motion #25 is referred to Magistrate Judge Cyrus Y. Chung, by Judge Charlotte N. Sweeney on 9/9/2026. 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. Text Only Entry (cnsja, ) |
| Filing 26 NOTICE of Entry of Appearance by Christopher B. Synsvoll on behalf of Delay, HSA of F.C.F., Head Case Manager of F.C.F., Jessica Nokes, Andre Stancil, Vigil, Warden of F.C.F., Shane StuckerAttorney Christopher B. Synsvoll added to party Delay(pty:dft), Attorney Christopher B. Synsvoll added to party HSA of F.C.F.(pty:dft), Attorney Christopher B. Synsvoll added to party Head Case Manager of F.C.F. (pty:dft), Attorney Christopher B. Synsvoll added to party Jessica Nokes(pty:dft), Attorney Christopher B. Synsvoll added to party Andre Stancil(pty:dft), Attorney Christopher B. Synsvoll added to party Warden of F.C.F.(pty:dft), Attorney Christopher B. Synsvoll added to party Shane Stucker(pty:dft) (Synsvoll, Christopher) |
| Filing 25 MOTION for Extension of Time to File Answer or Otherwise Respond re #8 Amended Complaint by Defendant Vigil. (Synsvoll, Christopher) |
| Filing 28 THIRD AMENDED and Corrected Waiver of Service of Summons upon TRACEY COLEMAN IS THE CURRENT WARDEN OF FCF on 9/8/2026. (sphil, ) |
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Filing 24
ORDER. The Motion, ECF No. #18 , is DENIED without prejudice. Entered by Magistrate Judge Cyrus Y. Chung on 08/28/2026. 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 23 SUMMONS Returned Executed by Nicholas Lee Shauley. Ginna Vigil-Montano served on 8/11/2026, answer due 9/1/2026. (sphil, ) |
| Filing 22 RESTRICTED DOCUMENT - Level 3: Return of Service. (sphil, ) |
| Filing 21 CERTIFICATE of Service, by Clerk of Court re 20 Order Regarding DOC Restricted Service, #8 Amended Prisoner Complaint for Service of Process on defendants Ginna Vigil-Montano. (sphil, ) |
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Filing 20
ORDERED: (1) The United States Marshals Service is directed to effect service of process on defendant GINNA VIGIL-MONTANO at the address indicated on the Memorandum filed under restriction contemporaneously to this Text-Only Order; (2) access to the address contained in the Memorandum shall be Restricted Level 3 Under D.C.COLO.LCivR 7.2 pending further order of the court; (3) any return of service filed concerning this defendant shall be Restricted Level 3 pending further order of the court; (4) the clerk of the court is directed to file without restriction and open to public inspection a copy of the return of service which redacts the address where service was made or attempted on 8/6/2026. 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 (sphil, )
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| Filing 19 MEMORANDUM regarding #18 Prisoner Motion for Appointment of Counsel. Motion #18 is referred to Magistrate Judge Cyrus Y. Chung, by Judge Charlotte N. Sweeney on 8/6/2026. 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 (cnsja, ) |
| Filing 18 Prisoner MOTION for Appointment of Counsel by Plaintiff Nicholas Lee Shauley. (Attachments: #1 Envelope)(sphil, ) |
| Filing 17 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Nicholas Lee Shauley All parties consent.. (sphil, ) Modified on 8/6/2026 to edit file date. (sphil, ). |
| Filing 16 RESTRICTED DOCUMENT - Level 3: Memorandum - Ginna Vigil-Montano is not a party to the civil case. (sphil, ) |
| Filing 15 AMENDED WAIVER OF SERVICE Returned Executed as Hunter Delay. (sphil, ) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Nicholas Lee Shauley. Delay waiver sent on 7/27/2026, answer due 9/25/2026; Jessica Nokes waiver sent on 7/27/2026, answer due 9/25/2026; Andre Stancil waiver sent on 7/27/2026, answer due 9/25/2026. (sphil, ) |
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Filing 13
MINUTE ORDER: Pursuant to the Order of Reference, this Court will hold a Status Conference on October 1, 2026 at 11:00 a.m. in Courtroom C-201, on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. Plaintiff shall notify all Parties who have not entered an appearance of the date and time of the Scheduling/Status Conference. Plaintiff shall participate in this conference by telephone. Plaintiff and his case manager, or a representative of the facility shall appear by telephone by calling the following conference line at the appointed time: Number: 571-353-2301 Access code: 198033559# Entered by Magistrate Judge Cyrus Y. Chung on 07/27/2026. 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 12
ORDER REFERRING CASE to Magistrate Judge Cyrus Y. Chung 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 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. Additionally, the parties are ordered to familiarize themselves with the Uniform Civil Practice Standards of both judicial officers assigned to this case. By Judge Charlotte N. Sweeney on 7/24/2026. 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. Text Only Entry (cnsja, )
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| Filing 11 CERTIFICATE of Service, by Clerk of Court re #8 Amended Prisoner Complaint for Service of Process. (sphil, ) |
| Filing 10 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (ggill, ) |
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Filing 9
ORDER ASSIGNING CASE. After review pursuant to D.C.COLO.LCivR 8.1(b), the Court has determined that this case does not appear appropriate for summary dismissal. Therefore, pursuant to D.C.COLO.LCivR 40.1(d)(1), the case will be assigned to District Judge Charlotte N. Sweeney and drawn to Magistrate Judge Cyrus Y. Chung for all further proceedings. All future pleadings shall be designated to 26-cv-01551-CNS. By Magistrate Judge Richard T. Gurley on 7/22/2026. 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. (ggill, ) Modified on 7/22/2026 to edit text. (sphil, ).
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| Filing 8 PRISONER COMPLAINT against Delay, HSA of F.C.F., Head Case Manager of F.C.F., Jessica Nokes, Andre Stancil, Vigil, Warden of F.C.F., filed by Nicholas Lee Shauley.(ggill, ) |
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Filing 7
Order To File Amended Prisoner Complaint by Magistrate Judge Richard T. Gurley on 05/19/2026. ORDERED that Plaintiff file, within thirty (30) days from the date of this order, an amended Prisoner Complaint that complies with all directives contained in this order. If Plaintiff fails to file an amended Prisoner Complaint that complies with this order within the time allowed, the action may be dismissed 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. (pklin, )
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| Filing 6 PAYMENT RECEIVED from Nicholas Lee Shauley in the amount of $ 4.00; Receipt Number 117743; Initial Payment. (echa, ) |
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Filing 5
ORDER Granting Leave to Proceed Under 28 U.S.C. 1915 and Denying Without Prejudice Motion for Appointment of Counsel. ORDERED that the Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 (ECF No. #2 ) is granted. FURTHER ORDERED that Plaintiff's Prisoner Motion for Appointment of Counsel is denied without prejudice as premature because this action remains under initial review. By Magistrate Judge Richard T. Gurley on 4/15/2026. [Per Order, Order was emailed to requested party] 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 4 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (agryan) |
| Filing 3 PRISONER MOTION for Appointment of Counsel by Plaintiff Nicholas Lee Shauley. (Attachments: #1 Envelope)(agryan) |
| Filing 2 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Nicholas Lee Shauley. (Attachments: #1 Envelope)(agryan) |
| Filing 1 PRISONER COMPLAINT against Delay, HSA of F.C.F., Head Case Manager of F.C.F., Jessica Nokes, Andre Stancil, Vigil, Warden of F.C.F., Brian Weaver, filed by Nicholas Lee Shauley. (Attachments: #1 Envelope)(agryan) |
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