Case: Murphy v. Lamborn

COMPLAINT 1:21-cv-00071 against Douglas Lamborn (Filing fee $ 402,Receipt Number 1082-7664912)Attorney Marcus Allen Murphy added to party Marcus A. Murphy(pty:pla), filed by Marcus A. Murphy. (Attachments: # 1 Civil Cover Sheet JS44)(Murphy, Marcus) (Entered: 01/11/2021)

1 Civil Cover Sheet JS44

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Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (alave, ) (Entered: 01/11/2021)

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). NO SUMMONS ISSUED. (alave, ) (Entered: 01/11/2021)

ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. 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, (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. By Judge Raymond P. Moore on 1/12/2021. (Text Only Entry) (rmsec ) (Entered: 01/12/2021)

MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. By Judge Raymond P. Moore on 1/12/2021. (Text Only Entry) (rmsec ) (Entered: 01/12/2021)

Order Referring Case to Magistrate Judge

Minute Order

SUMMONS REQUEST by Plaintiff Marcus A. Murphy. (rvill, ) (Entered: 01/21/2021)

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: 6 Summons Request mailed in by attorney Marcus Allen Murphy. The document was not filed electronically. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.1(a) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (rvill, ) (Entered: 01/21/2021)

SUMMONS issued by Clerk. (rvill, ) (Entered: 01/21/2021)

Summons Returned Unexecuted by Marcus A. Murphy as to Douglas L. Lamborn. (Attachments: # 1 Continuation of Main Document Second-Page, # 2 Receipt Invoice-Receipt, # 3 Receipt Certified-Mail Receipt (DC), # 4 Receipt Certified-Mail Receipt (C/S))(Murphy, Marcus) (Entered: 03/07/2021)

1 Continuation of Main Document Second-Page

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2 Receipt Invoice-Receipt

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3 Receipt Certified-Mail Receipt (DC)

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4 Receipt Certified-Mail Receipt (C/S)

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DISCHARGED ORDER TO SHOW CAUSE: returnable by Plaintiff why his claims against Defendant Douglas Doug L. Lamborn should not be dismissed, without prejudice, pursuant to Federal Rule of Civil Procedure 4(m), for lack of service. Show Cause Response due by 5/7/2021, by Magistrate Judge Kathleen M. Tafoya on 4/23/2021. (jgonz, ) Modified on 6/16/2021 per Minute Order #21 (jgonz, ). (Entered: 04/23/2021)

Summons Returned Unexecuted by Marcus A. Murphy as to Douglas L. Lamborn. (Attachments: # 1 Continuation of Main Document Second-Page, # 2 Receipt Invoice-Receipt, # 3 Receipt Certified-Mail Receipt (DOJ-C/S), # 4 Receipt Certified-Mail Receipt (DOJ-DC))(Murphy, Marcus) (Entered: 05/04/2021)

1 Continuation of Main Document Second-Page

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2 Receipt Invoice-Receipt

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3 Receipt Certified-Mail Receipt (DOJ-C/S)

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4 Receipt Certified-Mail Receipt (DOJ-DC)

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CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Marcus A. Murphy All parties do not consent.. (Attachments: # 1 Continuation of Main Document Second-Page)(Murphy, Marcus) (Entered: 05/04/2021)

1 Continuation of Main Document Second-Page

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NOTICE of Entry of Appearance by Marcus Allen Murphy on behalf of Marcus A. Murphy (Attachments: # 1 Continuation of Main Document Second-Page)(Murphy, Marcus) (Entered: 05/04/2021)

1 Continuation of Main Document Second-Page

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RESPONSE TO ORDER TO SHOW CAUSE re 10 by Plaintiff Marcus A. Murphy. (Murphy, Marcus) (Entered: 05/04/2021)

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: 13 Notice of Entry of Appearance filed by attorney Marcus Allen Murphy. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/ signature and s/ followed by a typed, not an inked, signature to all future documents. (Text Only Entry) (rvill, ) (Entered: 05/06/2021)

NOTICE of Entry of Appearance by Douglas N. Letter on behalf of Douglas L. LambornAttorney Douglas N. Letter added to party Douglas L. Lamborn(pty:dft) (Letter, Douglas) (Entered: 06/11/2021)

NOTICE of Entry of Appearance by Todd B. Tatelman on behalf of Douglas L. LambornAttorney Todd B. Tatelman added to party Douglas L. Lamborn(pty:dft) (Tatelman, Todd) (Entered: 06/11/2021)

NOTICE of Entry of Appearance by Brooks M. Hanner on behalf of Douglas L. LambornAttorney Brooks M. Hanner added to party Douglas L. Lamborn(pty:dft) (Hanner, Brooks) (Entered: 06/11/2021)

NOTICE of Entry of Appearance by Sarah E. Clouse on behalf of Douglas L. LambornAttorney Sarah E. Clouse added to party Douglas L. Lamborn(pty:dft) (Clouse, Sarah) (Entered: 06/11/2021)

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Defendant Douglas L. Lamborn. (Attachments: # 1 Proposed Order (PDF Only))(Letter, Douglas) (Entered: 06/11/2021)

1 Proposed Order (PDF Only)

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MINUTE ORDER: The 10 Order to Show Cause is DISCHARGED. By Magistrate Judge Kathleen M. Tafoya on 6/16/21. Text Only Entry (kmtlc1 ) (Entered: 06/16/2021)

Order

RESPONSE to 20 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Marcus A. Murphy. (Attachments: # 1 Exhibit Rep. Lofgren report, # 2 Exhibit House-Report on DOJ, # 3 Exhibit Senate-Report on Security, # 4 Exhibit Congressional-Record, # 5 Exhibit News-Article)(Murphy, Marcus) (Entered: 07/02/2021)

1 Exhibit Rep. Lofgren report

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2 Exhibit House-Report on DOJ

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3 Exhibit Senate-Report on Security

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4 Exhibit Congressional-Record

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5 Exhibit News-Article

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MEMORANDUM regarding 20 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Douglas L. Lamborn. Motion referred to Magistrate Judge Kathleen M. Tafoya. By Judge Raymond P. Moore on 7/6/2021. (Text Only Entry) (rmsec ) (Entered: 07/06/2021)

Memorandum

REPLY to Response to 20 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Defendant Douglas L. Lamborn. (Letter, Douglas) (Entered: 07/16/2021)

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Kathleen M. Tafoya on January 27, 2022. WHEREFORE, for the foregoing reasons, this court respectfully RECOMMENDS that the "Motion to Dismiss of Defendant the Honorable Douglas Lamborn" (Doc. No. 20 ) be GRANTED. (csarr, ) (Entered: 01/27/2022)

REASSIGNING MAGISTRATE JUDGE: Due to Magistrate Judge Tafoya's retirement, this case is reassigned to Magistrate Judge Nina Y. Wang as the referral judge. All future pleadings should reference Magistrate Judge Nina Y. Wang at the end of the civil action number (such as 21-cv-71-RM-NYW). Unless otherwise ordered, the dates and times for all scheduled matters will be maintained. (Text only entry). (angar, ) (Entered: 02/01/2022)

ORDER granting 20 Motion to Dismiss; adopting 25 Report and Recommendations. Entered by Judge Raymond P. Moore on 2/15/2022.(lrobe) (Entered: 02/15/2022)

FINAL JUDGMENT in favor of Douglas L. Lamborn and against Marcus A. Murphy pursuant to 27 Order. Entered by Clerk on 2/15/2022. (lrobe) (Entered: 02/15/2022)

NOTICE OF APPEAL as to 28 Judgment, 27 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Report and Recommendations by Plaintiff Marcus A. Murphy (Filing fee $ 505, Receipt Number ACODC-8367205) (Murphy, Marcus) (Entered: 03/16/2022)

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 29 Notice of Appeal filed by Marcus A. Murphy to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: # 1 Preliminary Record, # 2 Docket Sheet)(sdunb, ) (Entered: 03/17/2022)

1 Preliminary Record

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2 Docket Sheet

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USCA Case Number 22-1079 for 29 Notice of Appeal filed by Marcus A. Murphy. (sdunb, ) (Entered: 03/17/2022)

TRANSCRIPT ORDER FORM re 29 Notice of Appeal by Plaintiff Marcus A. Murphy (Murphy, Marcus) (Entered: 03/29/2022)

LETTER TO USCA and all counsel certifying the record is complete as to 29 Notice of Appeal filed by Marcus A. Murphy. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 22-1079) Text Only Entry (sdunb, ) (Entered: 03/30/2022)

Appellant's OPENING BRIEF by Plaintiff Marcus A. Murphy (Murphy, Marcus) (Entered: 05/22/2022)

USCA ORDER as to 29 Notice of Appeal filed by Marcus A. Murphy : (USCA Case No. 22-1079) (This document is not the Mandate) (sdunb, ) (Entered: 06/14/2022)

MANDATE of USCA as to 35 USCA Order, 29 Notice of Appeal filed by Marcus A. Murphy : (USCA Case No. 22-1079) (sdunb, ) (Entered: 06/14/2022)