York v. Starr et al
| Dwight D York, Malachi Z. York and Malachi Z. K. York |
| Mistelle J. Starr, Associate Warden, Kerri Lewis-Hicks, Quonaz, Sandusky, Williams and Holbrooks |
| 1:2026cv02873 |
| June 26, 2026 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Nina Y Wang |
| Prisoner - Prison Condition |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| None |
Docket Report
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This docket was last retrieved on July 24, 2026. A more recent docket listing may be available from PACER.
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| Filing 16 Civil Case Terminated pursuant to 15 Minute Order to dismiss filed in this case on 7/24/2026. Text Only Entry (ggill, ) |
Filing 15
MINUTE ORDER: This matter is before the Court on #14 Plaintiff's Response to Order to Show Cause and Request for Voluntary Dismissal Without Prejudice Pursuant to Fed. R. Civ. P. 41(a). The Court construes this filing as a Notice of Voluntary Dismissal under Rule 41(a)(1)(A)(i). Plaintiff's claims were dismissed without prejudice as of the filing of the Notice. The Clerk of Court is directed to terminate this case. The Court's #13 Order to Show Cause is DISCHARGED. By Judge Nina Y. Wang on 07/24/2026. Text Only Entry (nywlc2, )
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| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE re #13 by Plaintiff Dwight D York. (Smith, John) |
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Filing 13
ORDER TO SHOW CAUSE: Accordingly, it is ORDERED that: (1) On or before July 24, 2026, Plaintiff shall SHOW CAUSE in writing why this case should not be dismissed without prejudice for failure to prosecute and failure to comply with Court orders. By Judge Nina Y. Wang on 7/14/2026. (ggill, )
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| Filing 12 CONSENT to Magistrate Judge Disposition on Motion by Dwight D York re #2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. (Smith, John) |
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Filing 11
MINUTE ORDER: This matter is before the Court on a review of the docket. The #9 First Amended Complaint for Injunctive and Equitable Relief and the #10 First Amended Complaint for Injunctive and Equitable Relief are STRICKEN for failure to comply with the Local Rules and the Federal Rules of Civil Procedure. First, Local Rule 15.1 provides that "[a] party... who files an amended pleading under Fed. R. Civ. P.15(a)(1)... shall file a separate notice of filing the amended pleading and shall attach as an exhibit a copy of the amended pleading which strikes through... the text to be deleted and underlines... the text to be added." D.C.COLO.LCivR 15.1(a). The filing submitted on July 3, 2026 does not comply with this requirement. The filing submitted on July 4, 2026 does not comply with Rule 15 of the Federal Rules of Civil Procedure, which states that a party may amend his pleading only once as a matter of course. Fed. R. Civ. P. 15(a)(1). "In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Finally, neither the July 3 filing nor the July 4 filing comply with Rule 10 of the Federal Rules of Civil Procedure, which requires that a complaint's caption must name all parties. See Culp v. Williams, No. 10-cv-00886-CMA-CBS, 2011 WL 1597686, at *3 (D. Colo. Apr. 27, 2011), aff'd, 456 F. App'x 718 (10th Cir. 2012). Accordingly, although Plaintiff has already filed his one amended pleading as a matter of right, Plaintiff is GRANTED LEAVE to file a Third Amended Complaint no later than 7/7/2026. The Third Amended Complaint's caption must include the names of all parties to the case. The Third Amended Complaint must be accompanied by a separate Notice of Amended Pleading that complies with Local Rule 15.1. By Judge Nina Y. Wang on 07/06/2026. Text Only Entry (nywlc2, )
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| Filing 10 STRICKEN- AMENDED COMPLAINT against Associate Warden, Holbrooks, Kerri Lewis-Hicks, Warden Mistelle J. Starr, Quonaz, Sandusky, Williams, filed by Dwight D York.(Smith, John) Modified on 7/6/2026 to add stricken per 11 Minute Order (ggill, ). |
| Filing 9 STRICKEN- AMENDED COMPLAINT against Associate Warden, Holbrooks, Kerri Lewis-Hicks, Quonaz, Sandusky, Williams, Warden Mistelle J. Starr, filed by Dwight D York.(Smith, John) Modified on 7/6/2026 to add stricken per 11 Minute Order (ggill, ). |
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Filing 8
ORDER REFERRING CASE: This case is referred to Magistrate Judge Maritza Dominguez Braswell for non-dispositive matters. 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 non-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 her 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 Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 06/30/2026. Text Only Entry (nywlc2, )
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Filing 7
MINUTE ORDER. It is ORDERED that: (1) The Verified Emergency Motion for Temporary Restraining Order and Preliminary Injunction [Doc. #2 ] is DENIED in part and RESERVED in part; (2) On or before July 8, 2026, Plaintiff SHALL SERVE Defendants with the Complaint, the summons, the Motion for TRO, and a copy of this Order in compliance with the Federal Rules of Civil Procedure, and shall file a certificate of service confirming service no later than July 10, 2026; (3) No later than fourteen days after Defendants are served, Defendants SHALL RESPOND to the Motion for TRO; and (4) Any reply shall be filed no later than seven days after Defendants' response. By Judge Nina Y. Wang on 6/30/2026.(ggill, )
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| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, ) |
| Filing 5 CASE REASSIGNED. This case was originally assigned incorrectly, therefore has been randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge Maritza Dominguez Braswell for all further proceedings. All future pleadings should be designated as 26-cv-02873-NYW. (Text Only Entry) (echa, ) |
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Filing 4
ORDER DRAWING CASE by Magistrate Judge Richard T. Gurley on 6/30/2026. After review under 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 Judge S. Kato Crews and drawn to Magistrate Judge N. Reid Neureiter for all further proceedings. All future pleadings should be designated as 26-cv-02873-SKC). (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. (agarc, ) |
| Filing 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Dwight D York. (Smith, John) |
| Filing 1 COMPLAINT against Associate Warden, ADX Florence, Holbrooks, Counselor, John/Jane Does 1-10 (unknown BOP Officers and employees), Kerri Lewis-Hicks, Quonaz, SIS Technician (full name unkown), Red Beard, Officer (full name unknown), Sandusky, Officer, Warden, ADX Florence, Williams, Counselor (Filing fee $ 405,Receipt Number ACODC-11104699)Attorney John Gregory Smith added to party Dwight D York(pty:pla), filed by Dwight D York.(Smith, John) |
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