Free Letter re Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-01315-REB-CBS Document 111-3

Filed 10/24/2006

Page 1 of 21 Page 1 of 21 ALLMTN, APPEAL

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:01-cv-01315-REB-CBS Internal Use Only

Baldauf v. Hyatt, et al Assigned to: Judge Robert E. Blackburn Referred to: Magistrate Judge Craig B Shaffer Demand: $0 Case in other court: 03-01191 Cause: 42:1983 Prisoner Civil Rights Plaintiff Leonard Baldauf

Date Filed: 07/11/2001 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

represented by Leonard Baldauf #98415 Arkansas Valley Correctional Facility P O Box 1000 Crowley, CO 81034 PRO SE

V. Defendant John Hyatt represented by Andrew David Ringel Hall & Evans-Denver CO United States District Court Box 05 1125 Seventeenth Street #600 Denver, CO 80202-5817 303-628-3453 Fax: 303-293-3238 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Edmund Martin Kennedy Hall & Evans-Denver CO United States District Court Box 05 1125 Seventeenth Street #600 Denver, CO 80202-5817 303-628-3300 Fax: 303-293-3236 Email: [email protected] TERMINATED: 04/25/2005 LEAD ATTORNEY

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-01315-REB-CBS Document 111-3

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ATTORNEY TO BE NOTICED Gillian Dale Hall & Evans-Denver CO 1125 Seventeenth Street #600 Denver, CO 80202-5817 303-628-3323 Fax: 303-293-3238 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis Berg, Hill, Greenleaf & Ruscutti, LLP 1712 Pearl Street Boulder, CO 80302 303-402-1600 Fax: 303-402-1601 Email: [email protected] TERMINATED: 04/25/2005 LEAD ATTORNEY Defendant Robert Fahey Lieutenant, Fremont Corr. Facility represented by Andrew David Ringel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edmund Martin Kennedy (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gillian Dale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY Defendant Gary Neet Warden TERMINATED: 09/21/2006 represented by Andrew David Ringel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-01315-REB-CBS Document 111-3

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Edmund Martin Kennedy (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gillian Dale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY Defendant Gloria Masterson TERMINATED: 09/21/2006 represented by Andrew David Ringel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edmund Martin Kennedy (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gillian Dale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY Defendant Charles Tappe Hearing Officer TERMINATED: 09/21/2006 represented by Andrew David Ringel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edmund Martin Kennedy (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-01315-REB-CBS Document 111-3

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Gillian Dale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY Defendant Richard Martinez Hearing Officer TERMINATED: 09/21/2006 represented by Andrew David Ringel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edmund Martin Kennedy (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gillian Dale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY Defendant Betty Fulton Case Manager represented by Andrew David Ringel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edmund Martin Kennedy (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gillian Dale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-01315-REB-CBS Document 111-3

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Melanie Bailey Lewis (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY Defendant David Roberts Case Manager TERMINATED: 09/21/2006 represented by Andrew David Ringel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edmund Martin Kennedy (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gillian Dale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY Defendant Paul Carreras Lieutenant represented by Andrew David Ringel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edmund Martin Kennedy (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gillian Dale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY Defendant

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-01315-REB-CBS Document 111-3

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William Zalman Director of Offender Services TERMINATED: 09/21/2006

represented by Andrew David Ringel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edmund Martin Kennedy (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gillian Dale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY

Defendant Connie Davis Sergeant represented by Andrew David Ringel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edmund Martin Kennedy (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gillian Dale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY Defendant Patricia Romero Mental Health Case Worker TERMINATED: 09/21/2006 represented by Andrew David Ringel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edmund Martin Kennedy

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-01315-REB-CBS Document 111-3

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(See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gillian Dale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY Defendant Ken Maestas Lieutenant represented by Andrew David Ringel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edmund Martin Kennedy (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gillian Dale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY Defendant Sergeant Garcia (First name unknown) represented by Andrew David Ringel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edmund Martin Kennedy (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gillian Dale

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-01315-REB-CBS Document 111-3

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(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY Defendant Lieutenant Carr (F.N.U.) TERMINATED: 09/21/2006 represented by Andrew David Ringel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edmund Martin Kennedy (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gillian Dale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY Defendant David Archuleta Sergeant represented by Edmund Martin Kennedy (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gillian Dale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY Andrew David Ringel Hall & Evans-Denver CO

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-01315-REB-CBS Document 111-3

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1125 Seventeenth Street #600 Denver, CO 80202-5817 303-628-3453 Fax: 303-293-3238 Email: [email protected] ATTORNEY TO BE NOTICED Defendant Chad Nelson Officer TERMINATED: 09/21/2006 Defendant Unknown Property Officer TERMINATED: 09/21/2006 Defendant Nard Claar Asst. Warden TERMINATED: 09/21/2006 represented by Andrew David Ringel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edmund Martin Kennedy (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gillian Dale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY Defendant Major Harlan (F.N.U.) TERMINATED: 09/21/2006 represented by Andrew David Ringel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edmund Martin Kennedy (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-01315-REB-CBS Document 111-3

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Gillian Dale (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/25/2005 LEAD ATTORNEY

Date Filed 07/11/2001 07/11/2001

#

Docket Text 1 MOTION by plaintiff to proceed Under 28 U.S.C. 1915 (bpm) (Entered: 07/12/2001) 2 ORDER by Magistrate Judge O. E. Schlatter directing clerk to commence civil action and granting motion to proceed Under 28 U.S.C. 1915 [1-1] (cc: all counsel) ; entry date : 7/12/01 (bpm) (Entered: 07/12/2001) 3 COMPLAINT (bpm) (Entered: 07/12/2001) 4 MOTION for appointment of counsel for plaintiff Leonard Baldauf (bpm) (Entered: 07/12/2001) FILING FEE PAID: on 8/10/01 in the amount of $ 150.00, receipt # 227959. (former empl) (Entered: 08/13/2001) 6 MEMORANDUM by Magistrate Judge O. E. Schlatter directing assignment of case by random draw to a judge and a magistrate judge (bpm) (Entered: 08/15/2001) 5 MINUTE ORDER : by Magistrate Judge O. E. Schlatter denying as premature motion for appointment of counsel for plaintiff Leonard Baldauf [4-1] (cc: all counsel) ; entry date : 8/15/01 (former empl) (Entered: 08/15/2001) 7 LETTER from court re: Scheduling order Case reassigned to Judge Walker D. Miller [0-0] (dlb) (Entered: 08/17/2001) 8 ORDER granting service by US Marshal by Judge Walker D. Miller (cc: all counsel) ; entry date : 8/21/01 (dlb) (Entered: 08/21/2001) 9 WAIVER OF SERVICE of Summons and Complaint by defendant John Hyatt, defendant Robert Fahey, defendant Gary Neet, defendant Gloria Masterson, defendant Charles Tappe, defendant Richard Martinez, defendant Betty Fulton, defendant David Roberts, defendant Paul Carreras, defendant William Zalman, defendant Connie Davis, defendant Patricia Romero, defendant Ken Maestas, defendant Sergeant Garcia, defendant Lieutenant Carr, defendant David Archuleta, defendant Nard Claar, defendant Major Harlan on 8/24/01 (dlb) (Entered: 08/29/2001) 9 RETURN OF SERVICE of Summons and Complaint UNEXECUTED -

07/11/2001 07/11/2001 08/10/2001 08/14/2001

08/15/2001

08/16/2001 08/20/2001 08/28/2001

08/28/2001

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-01315-REB-CBS Document 111-3

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attempted as to defendant Chad Nelson, defendant Unknown Property Ofc (dlb) (Entered: 08/29/2001) 08/28/2001 08/29/2001 10/02/2001 10/19/2001 10 LETTER to court re: unexecuted service [9-1] as to Chad Nelson and "Unknown Property Officer" (dlb) (Entered: 08/29/2001) 11 Mailing Certificate (Certificate of Compliance) by plaintiff of mailing of Instructions, LR. 72.6, etc on 8/23/01 (gms) (Entered: 08/30/2001) 12 Amended CERTIFICATE OF MAILING BY CLERK OF COURT OF complaint [3-1] (erv) (Entered: 10/03/2001) 13 MOTION by Dft's John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts, Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Sergeant Garcia, Lieutenant Carr, David Archuleta, Nard Claar, Major Harlan to extend time to answer to 11/19/01 (dlb) (Entered: 10/22/2001) 14 ORDER R16,stat,stlmt,pt,mtnrec,pto referred to Magistrate Judge Craig B. Shaffer by Judge Walker D. Miller (cc: to counsel) (dlb) (Entered: 10/23/2001) 15 MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting dft's, except Nelson and Unknown Property Officer's motion to extend time to answer to 11/19/01 [13-1], regarding [3-1] complaint (cc: all counsel) ; entry date : 10/24/01 (dlb) (Entered: 10/24/2001) 16 MOTION by plaintiff Leonard Baldauf for appointment of counsel for plaintiff Leonard Baldauf (dlb) (Entered: 11/13/2001) 17 MEMORANDUM by Judge Walker D. Miller referring to Magistrate Judge Craig B. Shaffer the motion for appointment of counsel for plaintiff Leonard Baldauf [16-1] (dlb) (Entered: 11/13/2001) 18 ORDER by Magistrate Judge Craig B. Shaffer denying motion for appointment of counsel for plaintiff Leonard Baldauf [16-1] (cc: all counsel) ; entry date : 11/20/01 (dlb) (Entered: 11/20/2001) 19 MOTION by dfts, John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts, Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Sergeant Garcia, Lieutenant Carr, David Archuleta, Nard Claar, Major Harlan to dismiss purs to CRCP 12(b)(5) (dlb) (Entered: 11/20/2001) 20 MINUTE ORDER : by Judge Walker D. Miller; plas has until on or before 12/10/01 to respond and dfts shall have 10 days to reply regarding [19-1] motion to dismiss purs to CRCP 12(b)(5) (cc: all counsel) ; entry date : 11/21/01 (pap) (Entered: 11/21/2001) 21 MEMORANDUM by Judge Walker D. Miller referring to Magistrate Judge Craig B. Shaffer the motion to dismiss purs to CRCP 12(b)(5) [191] (pap) (Entered: 11/27/2001)

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12/03/2001

22 MINUTE ORDER : by Magistrate Judge Craig B. Shaffer regarding dfts, except for Nelson and Unknown Property Officer's[19-1] motion to dismiss purs to CRCP 12(b)(5), pla has to 12/21/01 to file a resp (cc: all counsel) ; entry date : 12/3/01 (dlb) (Entered: 12/03/2001) 23 RETURN OF SERVICE of Summons and Complaint UNEXECUTED attempted as to defendant Chad Nelson (dlb) (Entered: 12/19/2001) 24 MOTION by plaintiff Leonard Baldauf to amend complaint [3-1] (dlb) (Entered: 12/26/2001) Tendered Amended Complaint submitted by plaintiff Leonard Baldauf re: motion to amend complaint [3-1] [24-1] (dlb) (Entered: 12/26/2001) 25 RESPONSE by plaintiff Leonard Baldauf to dft's motion to dismiss purs to CRCP 12(b)(5) [19-1] (dlb) (Entered: 12/26/2001) 26 MEMORANDUM by Judge Walker D. Miller referring to Magistrate Judge Craig B. Shaffer the motion to amend complaint [3-1] [24-1] (dlb) (Entered: 12/27/2001) 27 REPLY by John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts, Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Sergeant Garcia, Lieutenant Carr, David Archuleta, Nard Claar, Major Harlan to pla's response to dft's motion to dismiss purs to CRCP 12(b)(5) [19-1] (dlb) (Entered: 01/04/2002) 28 RESPONSE by dft's John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts, Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Sergeant Garcia, Lieutenant Carr, David Archuleta, Nard Claar, Major Harlan to pla's motion to amend complaint [3-1] [24-1] (dlb) (Entered: 01/04/2002) 29 ORDER by Judge Walker D. Miller Case reassigned to Judge Robert E. Blackburn (cc: all counsel) ; entry date : 3/13/02 (bpm) (Entered: 03/13/2002) 36 NOTIFICATION by Circuit Court of assignment of Case No. [34-1] 031191 Filing fees due or 1915 motion filed within 30 days. (msn) (Entered: 05/02/2003) 30 MAGISTRATE'S RECOMMENDATION that the pla's mtn to amd cmp be denied; that dfts' mtn to dismiss be granted by Magistrate Judge Craig B. Shaffer concerning motion to amend complaint [3-1] [24-1], motion to dismiss purs to CRCP 12(b)(5) [19-1] ; (cc: all counsel) ; entry date : 3/4/03 (lam) (Entered: 03/04/2003) 31 OBJECTIONS by plaintiff Leonard Baldauf to Magistrate's Recommendation [30-1] (lam) (Entered: 03/17/2003) 32 ORDER by Judge Robert E. Blackburn [30-1] adopting - Magistrate's Recommendation granting motion to dismiss purs to CRCP 12(b)(5) [19-

12/19/2001 12/24/2001 12/24/2001 12/24/2001 12/27/2001

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1], denying motion to amend complaint [3-1] [24-1] dismissing case (cc: all counsel) ; entry date : 3/26/03 (dlb) (Entered: 03/26/2003) 03/27/2003 33 JUDGMENT: by Clerk James R. Manspeaker regarding [32-2] order, that judgment shall enter in favor of dfts Hyatt, Fahey, Neet, Masterson, Tappe, Martinez, Fulton, Roberts, Carreras, Zalman, Davis, Romero, Maestas, Garcia, Carr, Archuleta, Nelson, Unknown Property Officer, Claar and Harlan and against pla Baldauf, each party to bear own costs (cc: all counsel) ; entry date : 3/27/03 (lam) (Entered: 03/27/2003) 34 NOTICE OF APPEAL by plaintiff re: judgment of 3/27/03 [33-1]; Notice mailed to all counsel on 4/29/03 Fee Status: not paid & no 1915 motion filed. (msn) (Entered: 04/29/2003) 35 ORDER TO CURE DEFICIENCY by Judge Robert E. Blackburn. Plaintiff has 30 days to either pay the $105 filing fee or file a 1915 motion on the proper form. regarding [34-1] appeal (cc: all counsel) ; entry date : 5/1/03 (msn) (Entered: 05/01/2003) 37 MOTION by plaintiff for leave to appeal Under 28 U.S.C. 1915 (msn) (Entered: 05/13/2003) 38 ORDER by Judge Robert E. Blackburn denying plaintiff's motion for leave to appeal Under 28 U.S.C. 1915 [37-1] regarding [34-1] appeal (cc: all counsel) ; entry date : 5/15/03 (msn) (Entered: 05/15/2003) 39 ORIGINAL FILE transmitted to the Court of Appeals for their use in determining appeal fee status (appeal [34-1] ) (msn) (Entered: 05/15/2003) 40 NOTICE of Change of address of Hall & Evans by Melanie B. Lewis by defendants John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts, Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Sergeant Garcia, Lieutenant Carr, David Archuleta, Nard Claar, Major Harlan (former empl) (Entered: 05/22/2003) 41 Copy of ORDER from Court of Appeals [34-1] est. mthly payment sched. (msn) (Entered: 07/01/2003) 42 LETTER (Re: [34-1] ) to USCA advising them the initial partial filing fee HAS NOT been paid. (msn) (Entered: 08/14/2003) 43 $2.64 initial partial payment paid. Receipt No 246226. Court of Appeals Notified. appeal [34-1] (msn) (Entered: 09/12/2003) 44 $5.00 monthly payment made. Receipt No 246813. Court of Appeals Notified. appeal [34-1] (msn) (Entered: 10/08/2003) 45 $6.11 monthly payment made. Receipt No 247721. Court of Appeals Notified. appeal [34-1] (msn) (Entered: 11/20/2003) 46 $1.55 monthly payment made. Receipt No 248345. Court of Appeals Notified. appeal [34-1] (msn) (Entered: 12/11/2003)

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47 $4.48 monthly payment made. Receipt No 249032. Court of Appeals Notified. appeal [34-1] (msn) (Entered: 01/16/2004) 48 $10.32 monthly payment made. Receipt No 249551. Court of Appeals Notified. appeal [34-1] (msn) (Entered: 02/09/2004) 49 $2.64 monthly payment made. Receipt No 250325. Court of Appeals Notified. appeal [34-1] (msn) (Entered: 03/12/2004) 50 $4.28 monthly payment made. Receipt No 251865. Court of Appeals Notified. appeal [34-1] (msn) (Entered: 05/19/2004) 51 $2.64 monthly payment made. Receipt No 252219. Court of Appeals Notified. appeal [34-1] (msn) (Entered: 06/07/2004) 52 $4.40 monthly payment on appeal. Receipt No 253000. Court of Appeals Notified. appeal [34-1] (gms) (Entered: 07/12/2004) 53 $2.64 monthly payment made. Receipt No 253789. Court of Appeals Notified. appeal [34-1] (gms) (Entered: 08/12/2004) 54 $45.64 monthly payment made. Receipt No 255062. Court of Appeals Notified. appeal [34-1] (gms) (Entered: 10/05/2004) 55 $ 4.29 monthly payment made, receipt number 255764. USCA notified re [34] Notice of Appeal filed by Leonard Baldauf (djs, ) (Entered: 11/12/2004) 56 MANDATE of USCA issued on 2/17/05 as to [34] Notice of Appeal filed by Leonard Baldauf. Order and Judgment on 1/26/05 remanding the case to USDC for futher proceedings to determine whether USDC has jurisdiction. (djs, ) (Entered: 02/22/2005) 57 LETTER to USCA advising that the Dec, Jan and Feb monthly payments have not been made re: [34] Notice of Appeal (gms, ) (Entered: 03/11/2005) 58 LETTER re Appeal from USCA to appellant re: nong payment of monthly payment as to [34] Notice of Appeal. (djs, ) (Entered: 03/15/2005) 59 USCA Appeal Fees monthly payment received $ 8.37, receipt number 259285, re [34] Notice of Appeal filed by Leonard Baldauf. Filing fee is now paid in full. (djs, ) (Entered: 04/06/2005) 60 MOTION to Substitute Attorney andrew D. Ringel and Gillian Dale for attorney Melanie B. Lewis for all defendants (EXCEPT Chad Nelson and Unknown Property Officer) as counsel for Defendants Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Sergeant Garcia, Lieutenant Carr, David Archuleta, Nard Claar, Major Harlan, John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts. (dlb, ) (Entered: 04/15/2005) 61 MEMORANDUM referring to Magistrate Judge Shaffer : [60] MOTION

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to Substitute Attorney by Judge Robert E. Blackburn on 4/15/05. (dlb, ) (Entered: 04/15/2005) 04/25/2005 62 MINUTE ORDER granting [60] MOTION to Substitute Attorney andrew D. Ringel and Gillian Dale for attorney Melanie B. Lewis for all defendants (EXCEPT Chad Nelson and Unknown Property Officer) as counsel for Defendants Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Sergeant Garcia, Lieutenant Carr, David Archuleta, Nard Claar, Major Harlan, John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts by Magistrate Judge Craig B Shaffer on 4/25/05. (dlb, ) (Entered: 04/27/2005) Appeal Record Returned: original file returned re: [34] Notice of Appeal. (djs, ) (Entered: 05/19/2005) 63 MINUTE ORDER setting Status Conference set for 8/10/2005 10:00 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. Plaintiff or his case manager shall arrange for participation via telephone by Magistrate Judge Craig B Shaffer on 5/25/05. (dlb, ) (Entered: 05/27/2005) 64 Minute Entry for proceedings held before Judge Craig B Shaffer : Status Conference held on 8/10/2005. ORDERED: The BRIEFING SCHEDULING on jurisdictional issues raised by the Tenth Circuit Order and Judgment of January 26, 2005 is set Each side shall file a BRIEF no later than SEPTEMBER 12, 2005.Each side shall file a RESPONSE. NO REPLY by either side shall be filed. (Court Reporter FTR Reporter Deck - Ctrm A402.) (dlb, ) (Entered: 08/10/2005) 65 BRIEF on Jurisdiction to 64 by Defendants Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Sergeant Garcia, Lieutenant Carr, David Archuleta, Nard Claar, Major Harlan, John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts. (Attachments: # 1 Exhibit A-1 Declaration of Mary Carlson# 2 Exhibit A-2 Notice of Charge 4/15/99# 3 Exhibit A-3 Disposition of Charge 4/23/99# 4 Exhibit A-4 Notice of Charges 7/26/99# 5 Exhibit A-5 Disposition of Charges 8/4/99# 6 Exhibit A-6 Notice for Admin Segregation# 7 Exhibit A-7 Admin Segregation Hearing# 8 Exhibit A-8 Segregation Hearing Review# 9 Exhibit A-9 Executive Assignment Order)(Ringel, Andrew) (Entered: 09/12/2005) 66 MOTION for Leave to File Excess Pages to Jurisdictional Brief 65 by Defendants Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Sergeant Garcia, Lieutenant Carr, David Archuleta, Nard Claar, Major Harlan, John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts. (Attachments: # 1 Proposed Order (PDF Only) Order Re: Defendants' Motion to Exceed Page Limit for Defendants' Jurisdictional Brief)(Ringel, Andrew) (Entered: 09/12/2005) 67 MINUTE ORDER granting 66 MOTION for Leave to File Excess Pages

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-01315-REB-CBS Document 111-3

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to Jurisdictional Brief 65 by Defendants by Judge Robert E. Blackburn on 9/13/05. (dlb, ) (Entered: 09/13/2005) 09/14/2005 68 Pla's BRIEF on Jurisdiction re 64 The BRIEFING SCHEDULING on jurisdictional issues raised by the Tenth Circuit Order and Judgment of January 26, 2005 is set Each side shall file a BRIEF no later than SEPTEMBER 12, 2005.Each side shall file a RESPONSE. NO REPLY by either side shall be filed. (dlb, ) (Entered: 09/14/2005) 69 Pla's Answer (RESPONSE) to Defendants' 65 BRIEF on Jurisdiction re 64 The BRIEFING SCHEDULING on jurisdictional issues raised by the Tenth Circuit Order and Judgment of January 26, 2005 is set Each side shall file a BRIEF no later than SEPTEMBER 12, 2005. Each side shall file a RESPONSE. NO REPLY by either side shall be filed. (dlb, ) (Entered: 09/28/2005) 70 RESPONSE to 68 Pla's BRIEF on Jurisdiction re 64 The BRIEFING SCHEDULING on jurisdictional issues raised by the Tenth Circuit Order and Judgment of January 26, 2005 is set Each side shall file a BRIEF no later than SEPTEMBER 12, 2005.Each side shall file a RESPONSE. NO REPLY by either side shall be filed by Defendants . (Attachments: # 1 Exhibit A-10 Unpublished Opinion of Roberts v. Champion)(Ringel, Andrew) (Modified on 11/3/2005 to add verbiage) (dlb, ). (Entered: 09/29/2005) 71 REPORT AND RECOMMENDATIONS That Plaintiff's 1983 claims are not an impermissible attack on his disciplinary conviction, that the Heck doctrine does not bar Plaintiff's claims, that this court has jurisdiction over Plaintiff's claims, that this court should decide the merits of Plaintiff's claims and that Defendants' request for certification of this issue for the Colorado Supreme Court pursuant to C.A.R. 21.1, be denied. re [3] Complaint. Signed by Magistrate Judge Craig B Shaffer on 1/3/06. (gms, ) (Entered: 01/03/2006) 72 OBJECTION to 71 Report and Recommendations of U.S. Magistrate Judge by Defendants Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Sergeant Garcia, Lieutenant Carr, David Archuleta, Nard Claar, Major Harlan, John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts. (Ringel, Andrew) (Entered: 01/13/2006) 73 OBJECTION to 71 REPORT AND RECOMMENDATIONS by Plaintiff Leonard Baldauf. (dlb, ) (Entered: 01/18/2006) 74 RESPONSE to 71 OBJECTION to 71 Report and Recommendations of U.S. Magistrate Judge by Defendants by Plaintiff Leonard Baldauf. (dlb, ) (Entered: 01/30/2006) 75 ORDER adopting 71 REPORT AND RECOMMENDATIONS and overruling Defendants' Objection dated 1/13/06 and Plaintiff's Objections 1/3/06 re: That Plaintiff's 1983 claims are not an impermissible attack on his disciplinary conviction, that the Heck doctrine does not bar Plaintiff's claims, that this court has jurisdiction over Plaintiff's claims, that this

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court should decide the merits of Plaintiff's claims and that Defendants' request for certification of this issue for the Colorado Supreme Court pursuant to C.A.R. 21.1, be denied. re [3] Complaint. Signed by Judge Robert E. Blackburn on 2/8/06. (dlb, ) (Entered: 02/09/2006) 02/17/2006 76 MOTION to Dismiss Plaintiff's Complaint by Defendants Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Sergeant Garcia, Lieutenant Carr, David Archuleta, Nard Claar, Major Harlan, John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts. (Ringel, Andrew) (Entered: 02/17/2006) 77 MEMORANDUM referring to Magistrate Judge Shaffer : 76 MOTION to Dismiss Plaintiff's Complaint filed by William Zalman,, Nard Claar, Gary Neet, Connie Davis, Richard Martinez, Betty Fulton, Gloria Masterson, Paul Carreras, John Hyatt, Lieutenant Carr, Patricia Romero, Charles Tappe, Ken Maestas, Robert Fahey, David Roberts, Sergeant Garcia, David Archuleta, Major Harlan, by Judge Robert E. Blackburn on 2/17/06. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 02/17/2006) 78 MINUTE ORDER re: 76 MOTION to Dismiss Plaintiff's Complaint by Defendants. Plaintiff has to 3/20/06 to respond by Magistrate Judge Craig B Shaffer on 2/17/06. (dlb, ) (Entered: 02/21/2006) 79 Plaintiff's (MOTION) Request to Tax Costs of Appeal by Plaintiff Leonard Baldauf. (djs, ) (Entered: 03/02/2006) 80 MEMORANDUM referring to Magistrate Judge Shaffer : 79 MOTION for Costs filed by Leonard Baldauf, by Judge Robert E. Blackburn on 3/3/06. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 03/03/2006) 81 Motion for Order to Serve and MOTION for Extension of Time to File Response/Reply as to 76 MOTION to Dismiss Plaintiff's Complaint by Defendants by Plaintiff Leonard Baldauf. (dlb, ) (Entered: 03/03/2006) 82 Supplemental CERTIFICATE of Mailing by Clerk of Court re 76 MOTION to Dismiss Plaintiff's Complaint by Defendants (dlb, ) (Entered: 03/03/2006) 83 MEMORANDUM referring to Magistrate Judge Shaffer : 81 Motion for Order to Serve and MOTION for Extension of Time to File Response/Reply as to 76 MOTION to Dismiss Plaintiff's Complaint by Defendants by Plain (Text Only Entry - No Document Attached) by Judge Robert E. Blackburn on 3/3/06. (dlb, ) (Entered: 03/03/2006) 84 MEMORANDUM referring to Magistrate Judge Shaffer : 81 MOTION for Extension of Time to File Response/Reply as to 76 MOTION to Dismiss Plaintiff's Complaint filed by Leonard Baldauf, by Judge Robert E. Blackburn on 3/3/06. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 03/03/2006)

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85 Mail Returned as Undeliverable re: 78 Order Addressed to Leonard Baldauf - Marked "Facility Will No Longer Accept Postage Due Mail". (dlb, ) (Entered: 03/07/2006) 86 Supplemental CERTIFICATE of Mailing by Clerk of Court re 78 MINUTE ORDER (dlb, ) (Entered: 03/07/2006) 87 RESPONSE to Motion re 81 MOTION for Extension of Time to File Response/Reply as to 76 MOTION to Dismiss Plaintiff's Complaint filed by Defendants Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Sergeant Garcia, Lieutenant Carr, David Archuleta, Nard Claar, Major Harlan, John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts. (Ringel, Andrew) (Entered: 03/08/2006) 88 RESPONSE to Motion re 79 MOTION for Costs of Appeal filed by Defendants Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Sergeant Garcia, Lieutenant Carr, David Archuleta, Nard Claar, Major Harlan, John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts. (Ringel, Andrew) (Entered: 03/08/2006) 89 ORDER granting 81 Motion for Order to Serve and MOTION for Extension of Time to File Response/Reply as to 76 MOTION to Dismiss Plaintiff's Complaint by Defendants by Plaintiff. Plaintiff has to 4/8/06 to respond. Denying 79 Motion for Costs, granting 81 Plaintiff's (MOTION) Request to Tax Costs of Appeal by Plaintiff Leonard Baldauf. Signed by Magistrate Judge Craig B Shaffer on 3/8/06. (dlb, ) (Entered: 03/08/2006) 90 RESPONSE to Motion re 76 MOTION to Dismiss Plaintiff's Complaint by Defendants filed by Plaintiff Leonard Baldauf. (dlb, ) (Entered: 04/13/2006) 91 REPLY to Response to Motion re 76 MOTION to Dismiss Plaintiff's Complaint filed by Defendants Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Sergeant Garcia, Lieutenant Carr, David Archuleta, Nard Claar, Major Harlan, John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts. (Ringel, Andrew) (Entered: 04/19/2006) 92 ORDER AND REPORT AND RECOMMENDATIONS re 76 MOTION to Dismiss Plaintiff's Complaint by Defendants be granted in part and denied in part. That in the event Plaintiff fails to comply with this court's Order to Show Cause, this action be dismissed withut prejudice against Dft Nelson and "Unnamed Property Officer" for failure to effect service and for failure to prosecute . Signed by Magistrate Judge Craig B Shaffer on 8/1/06. (dln, ) (Entered: 08/01/2006) 93 MOTION For Extension of Time to File Objection to 92 ORDER AND REPORT AND RECOMMENDATIONS by Defendants Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Sergeant Garcia, Lieutenant Carr, David Archuleta, Nard Claar, Major Harlan, John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe,

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Richard Martinez, Betty Fulton, David Roberts. (Attachments: # 1 Proposed Order (PDF Only))(Dale, Gillian) (Modified on 8/8/2006 to add linkage) (dln, ). (Entered: 08/08/2006) 08/08/2006 94 MINUTE ORDER granting to 8/18/06 93 MOTION For Extension of Time to File Objection to 92 ORDER AND REPORT AND RECOMMENDATIONS by Defendants by Judge Robert E. Blackburn on 8/8/06. (dln, ) (Entered: 08/08/2006) 95 MINUTE ORDER: granting to 8/18/06 94 MOTION For Extension of Time to File Objection to 92 ORDER AND REPORT AND RECOMMENDATIONS by Defendants by Judge Robert E. Blackburn on 8/8/06. (dln, ) (Entered: 08/08/2006) 96 Docket Annotation: 94 MINUTE ORDER granting to 8/18/06 93 MOTION For Extension of Time to File Objection to 92 ORDER AND REPORT AND RECOMMENDATIONS by Defendants. [Incorrect PDF attached - resent by [#95]. Text only entry - no document attached. (dln, ) (Entered: 08/08/2006) 97 OBJECTION to 92 Report and Recommendations of United States Magistrate Judge by Defendants Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Sergeant Garcia, Lieutenant Carr, David Archuleta, Chad Nelson, Nard Claar, Major Harlan, John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts. (Dale, Gillian) (Entered: 08/16/2006) 98 OBJECTION to 92 ORDER AND REPORT AND RECOMMENDATIONS by Plaintiff Leonard Baldauf. (dln, ) (Entered: 08/21/2006) 99 Letter from Plaintiff to court re: objections timely filed re 98 OBJECTION to 92 ORDER AND REPORT AND RECOMMENDATIONS by Plaintiff (dln, ) (Entered: 08/21/2006) 100 RESPONSE to Objection to 92 REPORT AND RECOMMENDATIONS re 76 MOTION to Dismiss Plaintiff's Complaint filed by William Zalman,, Nard Claar,, Gary Neet,, Connie Davis,, Richard Martinez,, Betty Fulton,, Gloria Masterson,, Paul Carreras,, John Hyatt,, Lieutenan filed by Defendants Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Sergeant Garcia, Lieutenant Carr, David Archuleta, Nard Claar, Major Harlan, John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts. (Ringel, Andrew) (Entered: 08/28/2006) 101 MOTION For Extension of Time for service for an appropriate period by Plaintiff Leonard Baldauf. *Actually titled "Baldauf's Response to 8/1/06 Order to Show Cause" (dln, ) (Entered: 09/05/2006) 102 MINUTE ORDER denying 101 MOTION For Extension of Time for service for an appropriate period by Plaintiff Leonard Baldauf. *Actually titled "Baldauf's Response to 8/1/06 Order to Show Cause" by Judge

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Robert E. Blackburn on 9/5/06. (dln, ) (Entered: 09/05/2006) 09/21/2006 103 ORDER adopting Report and Recommendations re 92 ORDER AND REPORT AND RECOMMENDATIONS. Granting in part and denying in part 76 MOTION to Dismiss Plaintiff's Complaint by Defendants. The motion is granted as follows: Pla's 2nd claim for relief is dismissed with prej. Pla's claims against Defendant, Neet, Masterson, Tappe, martinez, Roberts, Zalman, Romero, Harlen, Carr and Claar are DISMISSED with prejudice and those defendants are dropped as parties. Pla's claims against Defendants Nelson and Unnamed Property Officer are DISMISSED without prejudice for failure to timely effect service. That Pla's claims for compensatory dmgs and punitive dmgs against the remaining dfts are DISMISSED with prejudice. The motion is denied in all other respects. That Pla's 1st Claim for Relief against dfts, Fahey, Hyatt, other unnamed Officers, Carreras, Davis, Fulton, Maestas, Garcia and Archleta shall remain part of this lawsuit. Signed by Judge Robert E. Blackburn on 9/21/06.(dln, ) (Entered: 09/21/2006) 104 MINUTE ORDER : Preliminary Scheduling Conference set for 11/13/2006 10:45 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 9/29/06. (dln, ) (Entered: 09/29/2006) 105 MOTION for Extension of Time to File Answer by Defendants Paul Carreras, Connie Davis, Ken Maestas, Sergeant Garcia, David Archuleta, John Hyatt, Robert Fahey, Betty Fulton. (Attachments: # 1 Proposed Order (PDF Only))(Dale, Gillian) (Entered: 09/29/2006) 106 MEMORANDUM regarding 105 MOTION for Extension of Time to File Answer filed by Sergeant Garcia, Ken Maestas, Robert Fahey, John Hyatt, Paul Carreras, Connie Davis, Betty Fulton, David Archuleta by Judge Robert E. Blackburn on 10/2/06. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Craig B Shaffer (rebsec, ) (Entered: 10/02/2006) 107 ORDER granting Defendants' 105 Motion for Extension of Time to Answer. Paul Carreras answer due 10/19/2006; Connie Davis answer due 10/19/2006; Ken Maestas answer due 10/19/2006; Sergeant Garcia answer due 10/19/2006; David Archuleta answer due 10/19/2006; John Hyatt answer due 10/19/2006; Robert Fahey answer due 10/19/2006; Betty Fulton answer due 10/19/2006. Signed by Magistrate Judge Craig B Shaffer on 10/2/06.(gms, ) (Entered: 10/03/2006) 108 Defendant's ANSWER to Complaint by Paul Carreras, Connie Davis, Ken Maestas, Sergeant Garcia, David Archuleta, John Hyatt, Robert Fahey, Betty Fulton.(Dale, Gillian) (Entered: 10/19/2006) 109 NOTICE OF APPEAL as to 103 Order on Motion to Dismiss, Order on Report and Recommendations,filed by Plaintiff Leonard Baldauf. Fee Status: Fees not paid, 1915 Motion filed. Notice mailed to all counsel on 10/24/06. (Attachments: # 1 Envelope)(bjr2, ) (Entered: 10/24/2006) 110 MOTION for Leave to Proceed on Appeal Under 28 U.S.C. 1915 by

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Plaintiff Leonard Baldauf. (Attachments: # 1 Envelope)(bjr2, ) (Entered: 10/24/2006)

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