Case: Prison Legal News v. Federal Bureau of Prisons

1:15-cv-02184 | U.S. District Court for the District of Colorado

Filed Date: Oct. 1, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 1, 2015, Prison Legal News, a legal news magazine intended for inmates, filed this lawsuit in the U.S. District Court for the District of Colorado. The plaintiff sued the Federal Bureau of Prisons claiming that the U.S. Penitentiary, Administrative Maximum Facility in Florence (ADX) illegally censored the magazine, violating the First and Fifth Amendments of the U.S. Constitution, the Administrative Procedure Act, and Bureau of Prison regulations. Specifically, the plaintiff claimed …

On October 1, 2015, Prison Legal News, a legal news magazine intended for inmates, filed this lawsuit in the U.S. District Court for the District of Colorado. The plaintiff sued the Federal Bureau of Prisons claiming that the U.S. Penitentiary, Administrative Maximum Facility in Florence (ADX) illegally censored the magazine, violating the First and Fifth Amendments of the U.S. Constitution, the Administrative Procedure Act, and Bureau of Prison regulations. Specifically, the plaintiff claimed that the defendant did not deliver certain issues of Prison Legal News to ADX prisoners or give them proper notice that the magazine would not be delivered. Apparently, the BOP's refusal to deliver the magazine was because the issues contained information related to legal proceedings involving ADX prisoners and staff. Plaintiffs contended that the refusal to deliver these issues served no legitimate penological interest, and that the improper notices deprived prisoners of the opportunity to appeal administratively. Plaintiff was represented by Northwestern Law School's clinic and by private counsel; it sought injunctive and declaratory relief.

The case was assigned to Judge Raymond Moore.

On February 23, 2017, pursuant to ADX's motion to dismiss, the Magistrate Judge Scott T. Varholak recommended that the motion be denied. He found that there was neither constitutional mootness, nor prudential mootness. Judge Varholak also found there were plausible First Amendment, due process, and APA claims. ADX appealed the recommendation to the district court. The District Judge Moore rejected the recommendations on March 28, holding that there was in fact a mootness problem because "ADX fundamentally revised its official policies and procedures with respect to review of publications" after the suit was filed. The court further found that the plaintiff's previously rejected issues were reviewed and delivered to inmates, mooting the need for injunctive relief. The court found that because the policies had changed, the plaintiff's concern for enjoining future conduct was also mooted.

The plaintiff moved to vacate the judgment the next day, arguing that the judgment was entered before the plaintiff could respond to ADX's objections to the Magistrate Judge's recommendations. The court granted the motion on August 14, 2017, renewing its review of the recommendations and objections.

On May 14, 2018, the plaintiff moved for partial summary judgment and the defendant moved for summary judgment. The plaintiff’s motion argued that there was no issue of material fact with regards to its First Amendment claims for the censorship of past issues, and the accompanying Fifth Amendment violation of due process claim based on the defendant’s failure to provide sufficient notice of the reason for the rejection of those issues. The defendant, meanwhile, argued that the issue was nonjusticiable since the court could grant nothing more than an advisory opinion, and any order pertaining to future issues would lack ripeness since it would be premised on unknown facts. The defendant also argued that the plaintiff failed to meet its burden in showing there was not a rational connection between a legitimate penological interest and the ADX’s newly implemented publication policies.

In September, Judge Moore denied the plaintiff's motion for partial summary judgment. 2018 WL 10466903. The court found that plaintiff’s claims rested on ADX’s past policy of censoring based on names of prison employees and that practice has since been changed. Although the plaintiff argued that a future warden may adopt a similarly restrictive policy, the issue as it before the court was moot. The judge also found that plaintiff’s claims arguing that ADX failed to inform Prison Legal News of the reasons for rejection lacked sufficient evidentiary support in the record. Pursuant to the Rules of Federal Procedure, the defendant proposed a bill of costs, although the plaintiff was granted a stay on this issue while appealing the district court’s order.

The plaintiff appealed to the Tenth Circuit Court of Appeals. The Tenth Circuit (Circuit Judges Matheson, Seymour, and Hartz) affirmed the lower court’s decision. Prison Legal News v. Federal Bureau of Prisons, 944 F.3d 868 (10th Cir. 2019). The plaintiff’s claim sought declaratory and injunctive relief, not compensatory damages. Therefore, when the defendant altered their procedures for reviewing publishable materials, the plaintiff’s claim became moot. The Tenth Circuit acknowledged that the defendant bore a heavy burden to prove that the voluntary cessation exception to mootness does not apply, but found that the defendants met that burden.

The bill of costs appears to be an open issue, and therefore this case is still ongoing.

Summary Authors

Amanda Kenner (1/22/2017)

Virginia Weeks (3/24/2018)

Justin Hill (3/22/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6149733/parties/prison-legal-news-v-federal-bureau-of-prisons/


Judge(s)

Matheson, Scott Milne Jr. (Utah)

Moore, Raymond Paul (Colorado)

Varholak, Scott T. (Colorado)

Attorneys(s) for Plaintiff

Cook, Clay C. (Colorado)

Fulham, Terra White (District of Columbia)

Kiehl, Stephen William (District of Columbia)

Mincberg, Elliot M. (District of Columbia)

Mutamba, Masimba (Florida)

Neelakanta, Sabarish (Florida)

Sandler, Alyson Rose (District of Columbia)

Judge(s)

Matheson, Scott Milne Jr. (Utah)

Moore, Raymond Paul (Colorado)

Varholak, Scott T. (Colorado)

Attorneys(s) for Plaintiff

Cook, Clay C. (Colorado)

Fulham, Terra White (District of Columbia)

Kiehl, Stephen William (District of Columbia)

Mincberg, Elliot M. (District of Columbia)

Mutamba, Masimba (Florida)

Neelakanta, Sabarish (Florida)

Sandler, Alyson Rose (District of Columbia)

Shapanka, Matthew S. (District of Columbia)

Shapiro, David M. (Illinois)

Swanson, Peter Andrew (District of Columbia)

Turner, Kaitlin Brianne (Colorado)

Weber, Lance Theodore (Florida)

Weintraub, Addar (District of Columbia)

Zansberg, Steven David (Colorado)

Attorneys(s) for Defendant

Prose, Susan Begesse (Colorado)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 4, 2020 Docket
1

Complaint

Oct. 1, 2015 Complaint
62

Order and Recommendations of United States Magistrate Judge

2017 WL 10619942

Feb. 23, 2017 Order/Opinion
71

Order

March 28, 2017 Order/Opinion
81

Order

2017 WL 10619904

Aug. 14, 2017 Order/Opinion
126

Order

2018 WL 10466903

Oct. 25, 2018 Order/Opinion
139

Opinion

U. S. Court of Appeals for the Tenth Circuit

944 F.3d 868

Dec. 13, 2019 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6149733/prison-legal-news-v-federal-bureau-of-prisons/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against The Federal Bureau of Prisons (Filing fee $ 400,Receipt Number 1082-4631030)Attorney Steven David Zansberg added to party Prison Legal News(pty:pla), filed by Prison Legal News. (Attachments: # 1 Exhibit A (Prison Legal News, July 2013), # 2 Exhibit B (Prison Legal News, Feb. 2013), # 3 Exhibit C (9-11-13 Ltr from L. Weber), # 4 Exhibit D (9-30-13 Ltr from P. Laird), # 5 Exhibit E (10-9-13 Ltr from L. Weber), # 6 Exhibit F (10-24-13 Ltr from P. Laird), # 7 Summons, # 8 Civil Cover Sheet)(Zansberg, Steven) Modified to show correct party on 10/2/2015 (sphil, ). (Entered: 10/01/2015)

1 Exhibit A (Prison Legal News, July 2013)

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2 Exhibit B (Prison Legal News, Feb. 2013)

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3 Exhibit C (9-11-13 Ltr from L. Weber)

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4 Exhibit D (9-30-13 Ltr from P. Laird)

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5 Exhibit E (10-9-13 Ltr from L. Weber)

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6 Exhibit F (10-24-13 Ltr from P. Laird)

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7 Summons

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8 Civil Cover Sheet

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Oct. 1, 2015 RECAP
2

CORPORATE DISCLOSURE STATEMENT. (Zansberg, Steven) (Entered: 10/01/2015)

Oct. 1, 2015 PACER
3

Case assigned to Judge Robert E. Blackburn Text Only Entry (dbera, ) (Entered: 10/02/2015)

Oct. 1, 2015 PACER
4

SUMMONS issued by Clerk. Magistrate Judge Consent form issued pursuant to Local Rule (Attachments: # 1 Magistrate Judge Consent Form) (dbera, ) (Entered: 10/02/2015)

1 Magistrate Judge Consent Form

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Oct. 2, 2015 PACER
5

ORDER DIRECTING PREPARATION OF JOINT CASE MANAGEMENT PLAN. By Judge Robert E. Blackburn on 10/5/2015. (mlace, ) (Entered: 10/05/2015)

Oct. 5, 2015 PACER
6

SUMMONS Returned Executed upon U.S. Attorney, on behalf of Federal Bureau of Prisons defendant(s) Prison Legal News served on 10/5/2015, answer due 12/4/2015. (Zansberg, Steven) (Entered: 10/06/2015)

Oct. 6, 2015 RECAP
7

NOTICE of Entry of Appearance by Matthew S. Shapanka on behalf of Prison Legal NewsAttorney Matthew S. Shapanka added to party Prison Legal News(pty:pla) (Shapanka, Matthew) (Entered: 10/07/2015)

Oct. 7, 2015 PACER
8

NOTICE of Entry of Appearance by Addar Weintraub on behalf of Prison Legal NewsAttorney Addar Weintraub added to party Prison Legal News(pty:pla) (Weintraub, Addar) (Entered: 10/07/2015)

Oct. 7, 2015 PACER
9

NOTICE of Entry of Appearance by Peter Andrew Swanson on behalf of Prison Legal NewsAttorney Peter Andrew Swanson added to party Prison Legal News(pty:pla) (Swanson, Peter) (Entered: 10/07/2015)

Oct. 7, 2015 PACER
10

SUMMONS Returned Executed by Prison Legal News. Federal Bureau of Prisons, The served on 10/7/2015, answer due 10/28/2015., SUMMONS Returned Executed upon defendant(s) Federal Bureau of Prisons, The served on 10/7/2015, answer due 10/28/2015. (Shapanka, Matthew) (Entered: 10/08/2015)

Oct. 8, 2015 RECAP
11

SUMMONS Returned Executed by Prison Legal News., SUMMONS Returned Executed upon The Honorable Loretta E. Lynch (Shapanka, Matthew) (Entered: 10/08/2015)

Oct. 8, 2015 RECAP
12

NOTICE of Entry of Appearance by David M. Shapiro on behalf of Prison Legal NewsAttorney David M. Shapiro added to party Prison Legal News(pty:pla) (Shapiro, David) (Entered: 10/09/2015)

Oct. 9, 2015 PACER
13

NOTICE of Entry of Appearance by Susan Begesse Prose on behalf of Federal Bureau of Prisons, TheAttorney Susan Begesse Prose added to party Federal Bureau of Prisons, The(pty:dft) (Prose, Susan) (Entered: 10/15/2015)

Oct. 15, 2015 PACER
14

NOTICE of Entry of Appearance by Sabarish P. Neelakanta on behalf of Prison Legal NewsAttorney Sabarish P. Neelakanta added to party Prison Legal News(pty:pla) (Neelakanta, Sabarish) (Entered: 10/15/2015)

Oct. 15, 2015 PACER
15

NOTICE of Entry of Appearance of Counsel by Lance T. Weber on behalf of Prison Legal NewsAttorney Lance T. Weber added to party Prison Legal News(pty:pla) (Weber, Lance) (Entered: 10/15/2015)

Oct. 15, 2015 PACER
16

MOTION to Reassign Case to Civil Docket by Plaintiff Prison Legal News. (Zansberg, Steven) (Entered: 11/20/2015)

Nov. 20, 2015 PACER
17

Joint MOTION for Extension of Time to File a Joint Case Management Plan and for Defendant to Respond to the Complaint by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Proposed Order (PDF Only))(Prose, Susan) (Entered: 11/30/2015)

1 Proposed Order (PDF Only)

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Nov. 30, 2015 PACER
18

RESPONSE to 16 MOTION to Reassign Case to Civil Docket filed by Defendant Federal Bureau of Prisons, The. (Prose, Susan) (Entered: 12/11/2015)

Dec. 11, 2015 PACER
19

NOTICE of Entry of Appearance and Substitution of Counsel by Stephen William Kiehl on behalf of Prison Legal NewsAttorney Stephen William Kiehl added to party Prison Legal News(pty:pla) (Kiehl, Stephen) (Entered: 04/22/2016)

April 22, 2016 PACER
20

ORDER Granting 16 Motion to Re-assign Case. Signed by Judge Robert E. Blackburn on 6/9/2016.(cmira) (Entered: 06/09/2016)

June 9, 2016 PACER
21

CASE RE-ASSIGNED. Pursuant to 20 Order on Motion to Reassign Case. This case is re-assigned to Magistrate Judge Nina Y. Wang. All future pleadings should be designated as 15-CV-2184-NYW. (Text Only Entry). (cmira) (Entered: 06/09/2016)

June 9, 2016 PACER
22

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (cmira) (Entered: 06/09/2016)

June 9, 2016 PACER
23

ORDER granting in part and denying in part 17 Motion for Extension of Time to File. Defendant shall file an Answer or otherwise respond to the Complaint on or before 6/27/2016. Consent Form due by 6/27/2016. By Magistrate Judge Nina Y. Wang on 6/13/16.(nywlc1) (Entered: 06/13/2016)

June 13, 2016 PACER
24

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,, by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Proposed Order (PDF Only))(Prose, Susan) (Entered: 06/22/2016)

1 Proposed Order (PDF Only)

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June 22, 2016 PACER
25

CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Prison Legal News All parties do not consent.. (Shapanka, Matthew) (Entered: 06/22/2016)

June 22, 2016 PACER
26

CASE REASSIGNED pursuant to 25 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 15-cv-02184-RM. (Text Only Entry) (nmarb, ) (Entered: 06/22/2016)

June 22, 2016 PACER
27

ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Pursuant to 28 U.S.C. ยง 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, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or 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. Entered by Judge Raymond P. Moore on 6/24/2016. (Text Only Entry) (rmsec ) (Entered: 06/24/2016)

June 24, 2016 PACER
28

MEMORANDUM regarding 24 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by Federal Bureau of Prisons, The. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 6/24/2016. (Text Only Entry) (rmsec ) (Entered: 06/24/2016)

June 24, 2016 PACER
29

ORDER granting 24 Motion for Extension of Time. Defendant Federal Bureau of Prisons shall answer the Complaint or otherwise respond on or before 7/27/2016. By Magistrate Judge Nina Y. Wang on 6/24/16. Text Only Entry(nywlc1) (Entered: 06/24/2016)

June 24, 2016 PACER
30

ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE for 8/17/2016 at 11:30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 6/24/16. (nywlc1) (Entered: 06/24/2016)

June 24, 2016 PACER
31

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1, Attachment 1, # 3 Exhibit 1, Attachment 2, # 4 Exhibit 1, Attachment 3, # 5 Exhibit 1, Attachment 4, # 6 Exhibit 1, Attachment 5, # 7 Exhibit 1, Attachment 6, # 8 Exhibit 2)(Prose, Susan) (Entered: 07/27/2016)

1 Exhibit 1

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2 Exhibit 1, Attachment 1

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3 Exhibit 1, Attachment 2

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4 Exhibit 1, Attachment 3

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5 Exhibit 1, Attachment 4

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6 Exhibit 1, Attachment 5

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7 Exhibit 1, Attachment 6

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8 Exhibit 2

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July 27, 2016 PACER
32

MEMORANDUM regarding 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Federal Bureau of Prisons, The. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 7/27/2016. (Text Only Entry) (rmsec ) (Entered: 07/27/2016)

July 27, 2016 PACER
33

MINUTE ORDER setting Oral Argument re: 31 MOTION to Dismiss filed by Federal Bureau of Prisons. The Oral Argument is set for 9/29/2016 at 11:00 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 7/28/16. Text Only Entry (nywlc1) (Entered: 07/28/2016)

July 28, 2016 PACER
34

MOTION to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines by Defendant Federal Bureau of Prisons, The. (Prose, Susan) (Entered: 08/05/2016)

Aug. 5, 2016 PACER
35

MEMORANDUM regarding 34 MOTION to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines filed by Federal Bureau of Prisons, The. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 8/5/2016. (Text Only Entry) (rmsec ) (Entered: 08/05/2016)

Aug. 5, 2016 PACER
36

MINUTE ORDER: The Scheduling Conference set for 8/17/2016 is VACATED and RESET to 10/13/2016 at 11:00 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. Counsel shall submit their proposed scheduling order, including a copy of the proposed scheduling order in a Word format sent via email to Wang_Chambers@cod.uscourts.gov, on or before seven days prior to the Scheduling Conference. By Magistrate Judge Nina Y. Wang on 8/5/2016. Text Only Entry (nywlc1) (Entered: 08/05/2016)

Aug. 5, 2016 PACER
37

Joint MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 34 MOTION to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines by Plaintiff Prison Legal News. (Shapanka, Matthew) (Entered: 08/16/2016)

Aug. 16, 2016 PACER
38

MEMORANDUM regarding 37 Joint MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 34 MOTION to Stay Discovery and to Vacate the Scheduling Confe filed by Prison Legal News. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 8/17/2016. (Text Only Entry) (rmsec ) (Entered: 08/17/2016)

Aug. 17, 2016 PACER
39

MINUTE ORDER re: 37 Joint Motion for Extension of Time to File Response/Reply. A Telephonic Motion Hearing is set for 8/19/2016 at 09:30 AM before Magistrate Judge Nina Y. Wang. The parties are directed to initiate a call between themselves prior to contacting Magistrate Judge Wang's Chambers at 303-335-2600 at the designated time. By Magistrate Judge Nina Y. Wang on 08/17/2016. Text Only Entry (nywlc2) (Entered: 08/17/2016)

Aug. 17, 2016 PACER
40

MINUTE ENTRY for proceedings held before Magistrate Judge Nina Y. Wang: Telephonic Motion Hearing held on 8/19/16. Order GRANTING 37 Motion for Extension of Time to File Response/Reply. Plaintiff shall respond to the Motion to Dismiss 31 on or before November 15, 2016. Plaintiff shall respond to the Motion to Stay Discovery 34 on or before November 25, 2016. Scheduling Conference set for 10/13/16 is VACATED. Motion Hearing set for 9/29/16 is VACATED and RESET to 12/15/2016 11:00 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. FTR: NYW C-204. (nmarb, ) Modified on 8/22/2016 show scheduling conference is vacated. (nmarb, ). (Entered: 08/22/2016)

Aug. 19, 2016 PACER
41

Unopposed MOTION for Protective Order by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Exhibit 1, Proposed Stipulated Protective Order)(Prose, Susan) (Entered: 09/21/2016)

1 Exhibit 1, Proposed Stipulated Protective Order

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Sept. 21, 2016 PACER
42

MEMORANDUM regarding 41 Unopposed MOTION for Protective Order filed by The Federal Bureau of Prisons. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 9/21/2016. Text Only Entry (cpear) (Entered: 09/21/2016)

Sept. 21, 2016 PACER
43

STIPULATED PROTECTIVE ORDER entered by Magistrate Judge Nina Y. Wang on 9/27/16. (bwilk, ) (Entered: 09/27/2016)

Sept. 27, 2016 PACER
44

CASE REASSIGNED. This action is reassigned to Magistrate Judge Scott T. Varholak, upon his appointment. All future pleadings should reference Magistrate Judge Varholak at the beginning of the civil action number (such as 15-cv-00001-RM-STV). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Varholak in Courtroom C-205. His chambers are located in Room C-254 of the Byron G. Rogers Courthouse. His telephone number is 303-335-2365. (Text only entry)Motions referred to Magistrate JudgeScott T Varholak. (tscha, ) (Entered: 10/03/2016)

Oct. 3, 2016 PACER
45

Joint MOTION for Extension of Time to Respond to Pending Motions, Joint MOTION to Vacate the Oral Argument on the Motion to Dismiss by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Proposed Order (PDF Only))(Prose, Susan) (Entered: 10/24/2016)

1 Proposed Order (PDF Only)

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Oct. 24, 2016 PACER
46

MEMORANDUM regarding 45 Joint MOTION for Extension of Time to Respond to Pending MotionsJoint MOTION to Vacate the Oral Argument on the Motion to Dismiss filed by Federal Bureau of Prisons, The. Motion referred to Magistrate Judge Scott T Varholak. Entered by Judge Raymond P. Moore on 10/24/2016. (Text Only Entry) (rmsec ) (Entered: 10/24/2016)

Oct. 24, 2016 PACER
47

ORDER granting 45 Motion for Extension of Time. Plaintiff shall respond to 31 Motion to Dismiss on or before December 15, 2016. Plaintiff shall respond to 34 Motion to Stay Discovery on or before December 27, 2016. Motion Hearing set for 12/15/2016 is VACATED and RESET for 1/19/2017 09:30 AM in Courtroom C205 before Magistrate Judge Scott T Varholak, by Magistrate Judge Scott T Varholak on 10/24/2016. Text Only Entry(stvlc1, ) (Entered: 10/24/2016)

Oct. 24, 2016 PACER
48

MINUTE ORDER. Due to a conflict on the Court's calendar, the Motion Hearing re: 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction 34 MOTION to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines set for 1/19/2017 9:30 AM is VACATED and RESET for 1/24/2017 09:00 AM in Courtroom C205 before Magistrate Judge Scott T Varholak, by Magistrate Judge Scott T Varholak on 10/26/2016. Text Only Entry (stvlc1, ) (Entered: 10/26/2016)

Oct. 26, 2016 PACER
49

Joint MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 34 MOTION to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Proposed Order (PDF Only))(Prose, Susan) (Entered: 12/02/2016)

1 Proposed Order (PDF Only)

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Dec. 2, 2016 PACER
50

MEMORANDUM regarding 49 Joint MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 34 MOTION to Stay Discovery and to Vacate the Scheduling Confe filed by Federal Bureau of Prisons, The. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 12/2/2016. (Text Only Entry) (rmsec ) (Entered: 12/02/2016)

Dec. 2, 2016 PACER
51

ORDER granting in part and denying in part 49 Motion for Extension of Time to File Response/Reply. The deadline for Plaintiff to respond to 31 Motion to Dismiss is extended to 1/30/2017. The deadline for Plaintiff to respond to 34 Motion to Stay Discovery is also extended to 1/30/2017. The Motion Hearing set for 1/24/2017 09:00 AM is VACATED and RESET for 2/17/2017 10:30 AM in Courtroom C205 before Magistrate Judge Scott T Varholak. The Parties are cautioned that the Court is unlikely to grant any further extensions. By Magistrate Judge Scott T Varholak on 12/02/2016. Text Only Entry (stvlc1, ) (Entered: 12/02/2016)

Dec. 2, 2016 PACER
52

MOTION to Withdraw as Attorney by Plaintiff Prison Legal News. (Weber, Lance) (Entered: 12/29/2016)

Dec. 29, 2016 PACER
53

MEMORANDUM regarding 52 MOTION to Withdraw as Attorney filed by Prison Legal News. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 12/29/2016. (Text Only Entry) (rmsec ) (Entered: 12/29/2016)

Dec. 29, 2016 PACER
54

ORDER granting 52 Motion to Withdraw as Attorney. Attorney Lance T. Weber terminated, by Magistrate Judge Scott T Varholak on 12/29/2016. Text Only Entry (stvlc1, ) (Entered: 12/29/2016)

Dec. 29, 2016 PACER
55

BRIEF in Opposition to 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Prison Legal News. (Attachments: # 1 Declaration of Matthew S. Shapanka, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Shapanka, Matthew) (Entered: 01/30/2017)

1 Declaration of Matthew S. Shapanka

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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Jan. 30, 2017 PACER
56

BRIEF in Opposition to 34 MOTION to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines filed by Plaintiff Prison Legal News. (Shapanka, Matthew) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
57

NOTICE of Change of Address/Contact Information by Susan Begesse Prose (Prose, Susan) (Entered: 02/01/2017)

Feb. 1, 2017 PACER
58

Exhibits in Support of 55 Brief in Opposition to Motion, corrected version of Doc. 55-2 (Ex. A) by Plaintiff Prison Legal News. (Shapanka, Matthew) (Entered: 02/10/2017)

Feb. 10, 2017 PACER
59

REPLY to Response to 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Prose, Susan) (Entered: 02/13/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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Feb. 13, 2017 PACER
60

REPLY to Response to 34 MOTION to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines filed by Defendant Federal Bureau of Prisons, The. (Prose, Susan) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
61

MINUTE ENTRY for Motions Hearing held before Magistrate Judge Scott T. Varholak on 2/17/2017. This matter is before the Court regarding Defendants Motion to Dismiss [Doc. No. 31, filed 7/27/2016] and Defendants Motion to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines [Doc. No. 34, filed 8/5/2016]. The Court will be issuing its recommendation to Judge Moore on the Motion to Dismiss. Hearing concluded. FTR: STV - C205. (morti, ) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
62

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re denying 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Federal Bureau of Prisons, The; denying 34 MOTION to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines filed by Federal Bureau of Prisons, The, by Magistrate Judge Scott T. Varholak on 2/23/2017. (slibi, ) (Entered: 02/23/2017)

Feb. 23, 2017 PACER
63

Utility Setting/Resetting Deadlines/Hearings: Scheduling Conference set for 4/10/2017 09:00 AM in Courtroom C205 before Magistrate Judge Scott T. Varholak pursuant to 62 . Text Only Entry (slibi, ) (Entered: 02/24/2017)

Feb. 23, 2017 PACER
64

Unopposed MOTION for Extension of Time to File Objections to and an Appeal of the Recommendation and Order Issued by the United States Magistrate Judge [Doc. 62] by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Proposed Order (PDF Only))(Prose, Susan) (Entered: 03/06/2017)

1 Proposed Order (PDF Only)

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March 6, 2017 PACER
65

ORDER: Defendant's motion for extension of time (ECF No. 64) is GRANTED. Defendant shall have until March 16, 2017 to file any objection/appeal. No further extension will be granted under ANY circumstances. SO ORDERED by Judge Raymond P. Moore on 3/6/2017. (Text Only Entry ) (rmsec ) (Entered: 03/06/2017)

March 6, 2017 PACER
66

OBJECTION to 62 Report and Recommendations filed by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Prose, Susan) (Entered: 03/16/2017)

1 Exhibit 1

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2 Exhibit 2

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March 16, 2017 PACER
67

OBJECTION/Appeal of Magistrate Judge Decision to District Court re 62 Report and Recommendations, [Appeal of Order Denying Motion to Stay Discovery] by Defendant Federal Bureau of Prisons, The. (Prose, Susan) (Entered: 03/16/2017)

March 16, 2017 PACER
68

MOTION for Protective Order Pursuant to Fed. R. Civ. P. 26(c) and to Vacate the Scheduling Conference by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Exhibit 1)(Prose, Susan) (Entered: 03/20/2017)

1 Exhibit 1

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March 20, 2017 PACER
69

MEMORANDUM regarding 68 MOTION for Protective Order Pursuant to Fed. R. Civ. P. 26(c) and to Vacate the Scheduling Conference filed by Federal Bureau of Prisons, The. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 3/20/2017. (Text Only Entry) (rmsec ) (Entered: 03/20/2017)

March 20, 2017 PACER
70

ORDER. This matter is before the Court on 68 Defendant's Motion for Entry of a Protective Order Pursuant to Fed. R. Civ. P. 26(c) and to Vacate the Scheduling Conference (the "Motion"). Defendant requests that the Court issue a protective order prohibiting Plaintiff from pursuing merits-related discovery "until the Court issues a final order on [Defendant's] motion to dismiss this case for lack of subject-matter jurisdiction." [#68 at 1] Similarly, Defendant requests that no scheduling conference be conducted until the Court issues its final order on the motion to dismiss. [Id.] Defendant's Motion thus seeks the same relief sought in its previously denied Motion to Stay Discovery and to Vacate the Scheduling Conference (the "Motion to Stay"). [#34] Accordingly, the Court DENIES the Motion for the same reasons articulated in the Court's Order denying Defendant's Motion to Stay. [#62] To the extent Defendant contends that Plaintiff's discovery requests are overly broad or unduly burdensome, Defendant may challenge those requests by complying with this Court's discovery dispute procedures set forth in this Court's Civil Practice Standards, available on the Court's website. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/20/2017. Text Only Entry (stvlc1, ) (Entered: 03/20/2017)

March 20, 2017 PACER
71

VACATED and STRICKEN ORDER rejecting 62 Recommendation of the Magistrate Judge, denying as moot 67 Defendant's Appeal of Order Denying Motion to Stay, granting 31 Defendant's Motion to Dismiss for Failure to State a Claim, denying as moot 34 Defendant's Motion to Stay. Entered by Judge Raymond P. Moore on 3/28/2017. (cpear) Modified to show vacated and stricken pursuant to 81 order on 8/14/2017 (cthom, ). (Entered: 03/28/2017)

March 28, 2017 PACER
72

VACATED FINAL JUDGMENT pursuant to 71 Order. Entered by the Clerk of the Court on 3/28/2017. (cpear) Modified to vacate pursuant to Order 74 to on 3/30/2017 (cthom, ). (Entered: 03/28/2017)

March 28, 2017 PACER
73

MOTION to Vacate Judgment by Plaintiff Prison Legal News. (Shapanka, Matthew) (Entered: 03/29/2017)

March 29, 2017 PACER

Case Reopened

March 29, 2017 PACER
74

ORDER granting 73 Motion to Vacate 73 MOTION to Vacate Judgment, 72 Judgment. This matter comes before the Court with the filing of the motion to vacate. Although plaintiff states that the motion to vacate is opposed, the Court agrees with the dates set forth in the motion, and thus, GRANTS the requested relief. The Court also will allow plaintiff until April 4, 2017 to file a response in order to address the Court's March 28, 2017 Order. Defendant may then have until April 11, 2017 to file any reply. No further briefing will be allowed. Nor will any extension to these deadlines be allowed. The Judgment 72 is VACATED and the case is re-opened until plaintiff's response is resolved. So Ordered by Judge Raymond P. Moore on 3/29/2017. Text Only Entry (rmlc2) (Entered: 03/29/2017)

March 29, 2017 PACER

Case reopened pursuant to Order 74 by Judge Raymond P. Moore on 3/29/2017. Text Only Entry (cthom, )

March 29, 2017 PACER
75

MINUTE ORDER. Pursuant to the parties' agreement, the Scheduling Conference set for 4/10/2017 09:00 AM is VACATED. A Status Conference is set for 6/5/2017 10:00 AM in Courtroom C205 before Magistrate Judge Scott T. Varholak, by Magistrate Judge Scott T. Varholak on 4/03/2017. Text Only Entry (stvlc1, ) (Entered: 04/03/2017)

April 3, 2017 PACER
76

RESPONSE to Objection to 62 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Federal Bureau of Prisons, The, 34 MOTION to Stay Discovery and t filed by Plaintiff Prison Legal News. (Shapanka, Matthew) (Entered: 04/04/2017)

April 4, 2017 PACER
77

RESPONSE to 67 Objection/Appeal of Magistrate Judge Decision Denying Motion to Stay Discovery filed by Plaintiff Prison Legal News. (Shapanka, Matthew) (Entered: 04/04/2017)

April 4, 2017 PACER
78

REPLY to 71 Order on Report and Recommendations,, Order on Appeal of Magistrate Judge Decision to District Court,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Stay, by Defendant Federal Bureau of Prisons, The. (Prose, Susan) (Entered: 04/11/2017)

April 11, 2017 PACER
79

REPLY to 71 Order on Report and Recommendations,, Order on Appeal of Magistrate Judge Decision to District Court,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Stay, (Reply in Support of Discovery Order) by Defendant Federal Bureau of Prisons, The. (Prose, Susan) (Entered: 04/11/2017)

April 11, 2017 PACER
80

MINUTE ORDER. The Status Conference set for 6/5/2017 10:00 AM is VACATED to be reset, if necessary, after resolution of Plaintiff's response to the Court's March 28, 2017 Order, by Magistrate Judge Scott T. Varholak on 5/25/2017. Text Only Entry (stvlc1, ) (Entered: 05/25/2017)

May 25, 2017 PACER
81

ORDER DENIES 31 Motion to Dismiss and 34 Motion to Stay and ADOPTS 62 the R&R to the extent consistent with this Order and REJECTS defendant's 66 objections to the R&R. 71 Order is VACATED and the Clerk is instructed to STRIKE the same from the record. ORDERED by Judge Raymond P. Moore on 8/14/2017. (cthom, ) (Entered: 08/14/2017)

Aug. 14, 2017 RECAP
82

NOTICE of Entry of Appearance by Marcy Elizabeth Cook on behalf of Federal Bureau of Prisons, TheAttorney Marcy Elizabeth Cook added to party Federal Bureau of Prisons, The(pty:dft) (Cook, Marcy) (Entered: 08/18/2017)

Aug. 18, 2017 PACER
83

MINUTE ORDER. Per the request of the parties, this matter is set for a Scheduling Conference on 9/08/2017 11:00 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. The parties shall submit their joint proposed scheduling order on or before 9/06/2017. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/18/2017. Text Only Entry (stvlc1, ) (Entered: 08/18/2017)

Aug. 18, 2017 PACER
84

Proposed Scheduling Order (Filed Jointly by Plaintiff and Defendant) by Plaintiff Prison Legal News. (Kiehl, Stephen) (Entered: 09/06/2017)

Sept. 6, 2017 PACER
85

Unopposed MOTION for Leave to File an Answer to the Complaint Out of Time by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Exhibit 1, # 2 Proposed Order (PDF Only))(Prose, Susan) (Entered: 09/06/2017)

1 Exhibit 1

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2 Proposed Order (PDF Only)

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Sept. 6, 2017 PACER
86

MEMORANDUM regarding 85 Unopposed MOTION for Leave to File an Answer to the Complaint Out of Time filed by Federal Bureau of Prisons, The. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 9/6/2017. (Text Only Entry) (rmsec ) (Entered: 09/06/2017)

Sept. 6, 2017 PACER
87

ORDER granting 85 Defendant's Motion Requesting Permission to File an Answer to the Complaint Out of Time. The Clerk of Court is directed to file Defendant's Answer to Complaint [#85-1]. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/06/2017. Text Only Entry (stvlc1, ) (Entered: 09/06/2017)

Sept. 6, 2017 PACER
88

ANSWER to 1 Complaint, by Federal Bureau of Prisons, The.(jgonz, ) (Entered: 09/07/2017)

Sept. 6, 2017 PACER
89

MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 9/8/2017. Discovery due by 4/9/2018. Dispositive Motions due by 5/14/2018. Final Pretrial Conference set for 7/9/2018 09:30 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. FTR: STV - C203. (morti, ) (Entered: 09/08/2017)

Sept. 8, 2017 PACER
90

SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 9/8/17. (morti, ) (Entered: 09/08/2017)

Sept. 8, 2017 RECAP
91

NOTICE of Entry of Appearance by Masimba Maxwell Mutamba on behalf of Prison Legal NewsAttorney Masimba Maxwell Mutamba added to party Prison Legal News(pty:pla) (Mutamba, Masimba) (Entered: 09/22/2017)

Sept. 22, 2017 PACER
92

NOTICE of Entry of Appearance by Terra White Fulham on behalf of Prison Legal NewsAttorney Terra White Fulham added to party Prison Legal News(pty:pla) (Fulham, Terra) (Entered: 12/13/2017)

Dec. 13, 2017 PACER
93

NOTICE of Entry of Appearance by Alyson Rose Sandler on behalf of Prison Legal NewsAttorney Alyson Rose Sandler added to party Prison Legal News(pty:pla) (Sandler, Alyson) (Entered: 01/23/2018)

Jan. 23, 2018 PACER
94

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 93 Notice of Entry of Appearance filed by attorney Alyson Sandler. The document is incorrectly formatted, still having fillable form fields not converted to PDF. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 10.1 (Text Only Entry) (cthom, ) (Entered: 01/23/2018)

Jan. 23, 2018 PACER
95

Joint MOTION to Amend/Correct/Modify 90 Scheduling Order by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Proposed Order (PDF Only))(Prose, Susan) (Entered: 02/02/2018)

1 Proposed Order (PDF Only)

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Feb. 2, 2018 PACER
96

MEMORANDUM regarding 95 Joint MOTION to Amend/Correct/Modify 90 Scheduling Order filed by Federal Bureau of Prisons, The. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 2/2/2018. (Text Only Entry) (rmsec ) (Entered: 02/02/2018)

Feb. 2, 2018 PACER
97

ORDER granting 95 Joint Motion to Amend the Scheduling Order to Extend Four Remaining Discovery Deadlines. The fact discovery deadline is extended until 3/09/2018. The deadline for the disclosure of affirmative experts is extended until 3/23/2018 and the deadline for the disclosure of rebuttal experts is extended until 4/06/2018. The discovery deadline is extended until 4/18/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/02/2018. Text Only Entry (stvlc1, ) (Entered: 02/02/2018)

Feb. 2, 2018 PACER
98

NOTICE of Entry of Appearance by Clay C. Cook on behalf of Federal Bureau of Prisons, TheAttorney Clay C. Cook added to party Federal Bureau of Prisons, The(pty:dft) (Cook, Clay) (Entered: 02/26/2018)

Feb. 26, 2018 PACER

State / Territory: Colorado

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Key Dates

Filing Date: Oct. 1, 2015

Closing Date: Dec. 13, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Prison Legal News, a magazine, written by legal scholars, lawyers, and inmates describing legal proceedings affecting inmates.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Bureau of Prisons (Fremont), Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Mail

Type of Facility:

Government-run