Free Letter re Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01271-EWN-BNB Document 331-3

Filed 09/07/2007

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ALLMTN, APPEAL, TERMED

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:04-cv-01271-EWN-BNB Internal Use Only

Hawkinson v. Montoya, et al Assigned to: Chief Judge Edward W. Nottingham Referred to: Magistrate Judge Boyd N. Boland Demand: $0 Cause: 42:1983 Prisoner Civil Rights Plaintiff Patrick M. Hawkinson

Date Filed: 06/21/2004 Date Terminated: 08/16/2007 Jury Demand: Both Nature of Suit: 555 Prison Condition Jurisdiction: Federal Question

represented by Dennis W. Hartley Dennis W. Hartley, P.C. 1749 South Eighth Street #5 Colorado Springs, CO 80906 719-635-5521 Fax: 719-635-5760 Email: [email protected] ATTORNEY TO BE NOTICED

V. Defendant James (I) A. Montoya in his individual capacity represented by Awilda R. Marquez Hall & Evans, L.L.C.-Denver 1125 17th Street #600 Denver, CO 80202-5817 303-628-3367 Fax: 303-628-4227 Email: [email protected] TERMINATED: 07/02/2007 LEAD ATTORNEY Edmund Martin Kennedy Hall & Evans, L.L.C.-Denver 1125 17th Street #600 Denver, CO 80202-5817 303-628-3300 Fax: 303-293-3236 Email: [email protected] LEAD ATTORNEY

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ATTORNEY TO BE NOTICED Jennifer L. Veiga Hall & Evans, L.L.C.-Denver 1125 17th Street #600 Denver, CO 80202-5817 303-628-3300 Fax: 303-293-3238 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis Berg Hill Greenleaf & Ruscitti, LLP 1712 Pearl Street Boulder, CO 80302 303-402-1600 Fax: 303-402-1601 Email: [email protected] TERMINATED: 04/14/2005 LEAD ATTORNEY Defendant James A. Montoya in his official capacity TERMINATED: 10/12/2006 represented by Awilda R. Marquez (See above for address) TERMINATED: 07/02/2007 LEAD ATTORNEY Edmund Martin Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jennifer L. Veiga (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/14/2005 LEAD ATTORNEY Defendant Jenelle (I) Borden in her individual capacity TERMINATED: 06/28/2006 represented by Awilda R. Marquez (See above for address) TERMINATED: 07/02/2007 LEAD ATTORNEY

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Jennifer L. Veiga (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/14/2005 LEAD ATTORNEY Defendant Jenelle Borden in her official capacity TERMINATED: 06/28/2006 represented by Awilda R. Marquez (See above for address) TERMINATED: 07/02/2007 LEAD ATTORNEY Jennifer L. Veiga (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melanie Bailey Lewis (See above for address) TERMINATED: 04/14/2005 LEAD ATTORNEY Defendant Estate of Opal Wilson represented by Robert J.M. Scranton Scranton, PC 231 East Vermijo, Avenue Colorado Springs, CO 80903 719-477-0333 Fax: 719-634-1579 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant R. (I) Lynn Keener in individual capacity represented by Robert J.M. Scranton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant R. Lynn Keener in official capacity represented by Robert J.M. Scranton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

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Robert Scranton in official capacity

represented by Robert J.M. Scranton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Robert (I) Scranton individual capacity represented by Robert J.M. Scranton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Interested Party Case Manager for Patrick Hawkinson represented by Case Manager for Patrick Hawkinson #62702 Sterling Correctional Facility (SCF) P.O.Box 6000 Sterling, CO 80751 PRO SE

Date Filed 06/07/2004 06/21/2004

#

Docket Text 1 MOTION by plaintiff to proceed Under 28 U.S.C. 1915 (gms) (Entered: 06/21/2004) 2 ORDER Directing Clerk to Commence Civil Action by Magistrate Judge O. E. Schlatter & granting motion to proceed Under 28 U.S.C. 1915 [11]. Pla to make initial partial payment of $12.00 w/in 30 days. (cc: all counsel) ; entry date : 6/21/04 (gms) (Entered: 06/21/2004) 3 Prisoner COMPLAINT; jury demand (gms) (Entered: 06/21/2004) 4 MOTION by plaintiff Patrick M. Hawkinson to waive initial partial filing fee payment (pap) (Entered: 07/12/2004) 5 ORDER by Magistrate Judge Boyd N. Boland granting pla's motion to waive initial partial filing fee payment [4-1], regarding [2-1] order; pla remains obligated to pay the full $150.00 filing fee; (cc: all counsel) ; entry date : 7/19/04 (pap) (Entered: 07/19/2004) 6 ORDER TO SHOW CAUSE: by Magistrate Judge Boyd N. Boland returnable within 30 days by Plaintiff why the complaint should not be dismissed; (cc: all counsel) (pap) (Entered: 08/17/2004) 7 Motion to waive monthly filing payment for August and Inmate trust fund account STATEMENT by plaintiff Patrick M. Hawkinson re: order [2-1] (pap) (Entered: 08/17/2004) 8 Response to ORDER to show cause by plaintiff Patrick M. Hawkinson [6-1] (pap) (Entered: 08/25/2004) 9 MOTION by plaintiff Patrick M. Hawkinson to waive monthly filing

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payment for September and inmate trust fund account statement attached (pap) (Entered: 09/16/2004) 09/15/2004 10 MEMORANDUM by Magistrate Judge O. E. Schlatter directing assignment of case to Judge Nottingham and magistrate judge to be drawn at random (bpm) (Entered: 09/17/2004) 11 LETTER from Clerk to pla advising of case reassignment to Judge Edward W. Nottingham [0-0] (pap) (Entered: 09/22/2004) 12 ORDER R16,stat,stlmt,pt,mtnrec,pto referred to Magistrate Judge Boyd N. Boland including dispositive motions by Judge Edward W. Nottingham; mag rec or status report due on or before 3/21/05; (cc: to counsel) (pap) (Entered: 09/22/2004) 13 ORDER by Judge Edward W. Nottingham granting service by U.S. Marshal(cc: all counsel) ; entry date : 9/28/04 (gms) (Entered: 09/28/2004) 14 MOTION by plaintiff Patrick M. Hawkinson for (order) process service by US Marshal's Office (pap) (Entered: 09/30/2004) 15 MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Boyd N. Boland the motion for (order) process service by US Marshal's Office [14-1] (pap) (Entered: 10/04/2004) 16 LETTER to court from Teresa Reynolds re: service of Jenelle (I) Borden, Jenelle Gorden (pap) (Entered: 10/05/2004) 17 Waiver and ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by James (I) A. Montoya, James A. Montoya signed on 9/30/04 ; by Teresa Reynolds (pap) (Entered: 10/05/2004) 18 MINUTE ORDER : by Magistrate Judge Boyd N. Boland denying as moot pla's motion for (order) process service by US Marshal's Office [141] (cc: all counsel) ; entry date : 10/6/04 (pap) (Entered: 10/06/2004) 19 Amended CERTIFICATE MAILING BY CLERK OF order [13-1] (pap) (Entered: 10/06/2004) 20 RETURN OF SERVICE of Summons and Complaint upon defendant Jenelle (I) Borden, defendant Jenelle Gorden on 10/18/04 by leaving with: Michael Borden (pap) (Entered: 10/25/2004) 21 Inmate trust fund account STATEMENT by plaintiff Patrick M. Hawkinson re: order [2-1] and Motion to Waive Monthly filing payment for October 2004 (pap) (Entered: 10/28/2004) 22 MOTION by plaintiff Patrick M. Hawkinson for summary judgment (pap) (Entered: 10/28/2004) 23 MEMORANDUM referring [9] Motion to Waive Monthly filing fee for October filed by Patrick M. Hawkinson, [22] and Motion for Summary Judgment filed by Patrick M. Hawkinson by Judge Edward W. Nottingham on 10/28/2004. (erv, ) (Entered: 11/01/2004)

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24 ORDER striking [9] Motion to Waive and Motion to Waive dated 10/28/04. Signed by Judge Boyd N. Boland on 10/29/04. (pap, ) (Entered: 11/02/2004) 25 ORDER striking [22] Pla's Motion for Summary Judgment . Signed by Judge Boyd N. Boland on 10/29/04. (pap, ) (Entered: 11/02/2004) 26 OBJECTION and MOTION for Reconsideration re [25] Order striking pla's Motion for Summary Judgment by Plaintiff Patrick M. Hawkinson. (dlb, ) (Entered: 11/09/2004) 27 Amendment to Motion for Summary Judgment [stricken] re: CERTIFICATE of Mailing [26] by Plaintiff Patrick M. Hawkinson. (dlb, ) (Entered: 11/09/2004) 28 NOTICE of Appearance by Melanie Bailey Lewis on behalf of Jenelle (I) Borden, Jenelle Gorden, James A. Montoya, James (I) A. Montoya (pap, ) (Entered: 11/10/2004) 29 MOTION for Extension of Time to File Answer up to and including 11/22/04 re [3] Complaint by Defendants Jenelle (I) Borden, Jenelle Gorden, James A. Montoya, James (I) A. Montoya. (pap, ) (Entered: 11/10/2004) 30 MEMORANDUM referring Magistrate Judge Boland [29] MOTION for Extension of Time to File Answer re [3] Complaint filed by James (I) A. Montoya, James A. Montoya, Jenelle (I) Borden, Jenelle Gorden. Signed by Judge Edward W. Nottingham on 11/9/04. (pap, ) (Entered: 11/12/2004) 31 Second Verified MOTION for Summary Judgment by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 11/22/2004) 33 MEMORANDUM referring to Magistrate Judge Boland [31] MOTION for Summary Judgment filed by Patrick M. Hawkinson. Entered by Judge Edward W. Nottingham on 11/19/04. (pap, ) (Entered: 11/24/2004) 32 MOTION for Extension of Time to File Answer re [3] Complaint up to and including 12/6/04 by Defendants Jenelle (I) Borden, Jenelle Gorden, James A. Montoya, James (I) A. Montoya. (pap, ) (Entered: 11/24/2004) 34 MINUTE ORDER granting Dfts' [32] Motion for Extension of Time to Answer re [3] Complaint Jenelle (I) Borden answer due 12/6/2004; Jenelle Gorden answer due 12/6/2004; James A. Montoya answer due 12/6/2004; James (I) A. Montoya answer due 12/6/2004. . Entered by Magistrate Judge Boyd N. Boland on 11/23/04. (pap, ) (Entered: 11/26/2004) 35 MINUTE ORDER, dfts shall respond on or before 12/9/04 re [31] MOTION for Summary Judgment filed by Patrick M. Hawkinson. Entered by Magistrate Judge Boyd N. Boland on 11/23/04. (pap, ) (Entered: 11/26/2004) 37 RESPONSE to Motion re Objection and [26] MOTION for

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Reconsideration re [25] by Dfts. (pap, ) (Entered: 11/29/2004) 11/24/2004 38 MEMORANDUM referring to Magistrate Judge Boland [26] MOTION for Reconsideration re [25] Order on Motion for Summary Judgment filed by Patrick M. Hawkinson. Entered by Judge Edward W. Nottingham on 11/24/04. (pap, ) (Entered: 11/29/2004) 39 ORDER denying as Moot [26] Pla's Objection and Motion for Reconsideration . Signed by Magistrate Judge Boyd N. Boland on 11/30/04. (pap, ) (Entered: 12/02/2004) 40 MOTION to Appoint Counsel by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 12/06/2004) 43 MEMORANDUM referring [40] MOTION to Appoint Counsel filed by Patrick M. Hawkinson. Entered by Judge Edward W. Nottingham on 12/3/04. (pap, ) (Entered: 12/08/2004) 41 MOTION to Dismiss for Lack of Jurisdiction or in the alternative for failure to state a claim by Defendants Jenelle (I) Borden, Jenelle Gorden, James A. Montoya, James (I) A. Montoya. (pap, ) (Entered: 12/07/2004) 42 MOTION to Stay briefing on [31] MOTION for Summary Judgment pending a resolution of the Dfts' entitlement to qualified immunity by Defendants (pap, ) (Entered: 12/08/2004) 44 MEMORANDUM referring to Magistrate Judge Boland [41] MOTION to Dismiss for Lack of Jurisdiction and [42] MOTION to Stay re [31] MOTION for Summary Judgment. Entered by Judge Edward W. Nottingham on 12/7/04. (pap, ) (Entered: 12/09/2004) 45 ORDER denying [40] Pla's Motion to Appoint Counsel . Signed by Magistrate Judge Boyd N. Boland on 12/7/04. (pap, ) (Entered: 12/09/2004) 46 MINUTE ORDER Pla to respond to dfts' [41] MOTION to Dismiss for Lack of Jurisdiction or in the alternative for failure to state a claim filed by James (I) A. Montoya, James A. Montoya, Jenelle (I) Borden, Jenelle Gorden by 1/7/05, by Magistrate Judge Boyd N. Boland on 12/8/04. (gms, ) (Entered: 12/10/2004) 47 ORDER granting [42] Dfts' Motion to Stay Briefing on [31] MOTION for Summary Judgment pending a resolution of the Dfts' entitlement to qualified immunity by Defendants . Signed by Magistrate Judge Boyd N. Boland on 12/10/04. (pap, ) (Entered: 12/14/2004) 48 MOTION for Extension of Time to File Response as to [41] MOTION to Dismiss for Lack of Jurisdiction up to and including 2/7/05 by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 12/29/2004) 49 MEMORANDUM referring [48] MOTION for Extension of Time to File Response/Reply as to [41] MOTION to Dismiss for Lack of Jurisdiction filed by Patrick M. Hawkinson. Entered by Judge Edward W. Nottingham on 12/27/04. (pap, ) (Entered: 12/29/2004)

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50 MINUTE ORDER granting [48] Pla's Motion for Extension of Time to File Response re [41] MOTION to Dismiss for Lack of Jurisdiction, Responses due by 2/7/2005. Entered by Magistrate Judge Boyd N. Boland on 1/12/05. (pap2, ) (Entered: 01/18/2005) 51 VERIFIED RESPONSE to Motion re [41] Dfts' MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 02/10/2005) 52 MOTION for Extension of Time to File Reply in support as to [41] MOTION to Dismiss for Lack of Jurisdiction by Defendants James (I) A. Montoya, James A. Montoya, Jenelle (I) Borden, Jenelle Gorden. (pap, ) (Entered: 02/22/2005) 53 MINUTE ORDER granting [52]Dfts' Motion for Extension of Time to File Reply to [41] MOTION to Dismiss for Lack of Jurisdiction. Dfts' Replies due by 3/7/2005.Entered by Magistrate Judge Boyd N. Boland on 2/22/04. (pap, ) (Entered: 02/23/2005) 54 OBJECTION AND MOTION for to Limit Defendants Reply by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 03/02/2005) 55 MEMORANDUM referring to Magistrate Judge Boland : [54] MOTION for Order filed by Patrick M. Hawkinson, by Judge Edward W. Nottingham on 3/1/05. (pap, ) (Entered: 03/02/2005) 56 MOTION to Amend [51] Pla's Response to Dfts' Motion to Dismiss by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 03/04/2005) 57 ORDER directing Pla to make monthly filing fee payment within 15 days or to show cause why he can't within 15 days. Signed by Magistrate Judge Boyd N. Boland on 3/2/05. (pap, ) (Entered: 03/04/2005) 58 MEMORANDUM referring to Magistrate Judge Boland : [56] MOTION to Amend/Correct [51] Response to Motion filed by Patrick M. Hawkinson, by Judge Edward W. Nottingham on 3/3/05. (pap2, ) (Entered: 03/07/2005) 59 MOTION for Second Extension of Time to File Reply as to [41] MOTION to Dismiss for Lack of Jurisdiction up to and including 3/14/05 by Defendants James (I) A. Montoya, James A. Montoya, Jenelle (I) Borden, Jenelle Gorden. (pap, ) (Entered: 03/08/2005) 60 MEMORANDUM referring to Magistrate Judge Boland : [59] MOTION for Extension of Time to File Response/Reply as to [41] MOTION to Dismiss for Lack of Jurisdiction, by Judge Edward W. Nottingham on 3/8/05. (pap, ) (Entered: 03/10/2005) 61 RESPONSE TO ORDER TO SHOW CAUSE by Patrick M. Hawkinson. (pap, ) (Entered: 03/11/2005) 62 MINUTE ORDER granting [59] Dfts' Motion for Extension of Time to File Response/Reply re [41] MOTION to Dismiss for Lack of Jurisdiction. Replies due by 3/14/2005.Entered by Magistrate Judge Boyd

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N. Boland on 3/10/05. (pap, ) (Entered: 03/11/2005) 03/14/2005 63 REPLY in Support of [41] Their MOTION to Dismiss for Lack of Jurisdiction filed by Defendants James (I) A. Montoya, James A. Montoya, Jenelle (I) Borden, Jenelle Gorden. (pap, ) (Entered: 03/15/2005) 64 ORDER Discharging [57] Order to Show Cause; Pla shall make a monthly payment of 20% of the preceding month's income credited. The Pla shall make the necessary arrangements to have monthly trust fund account statement identified by the civil action number. Signed by Magistrate Judge Boyd N. Boland on 3/15/05. (pap, ) (Entered: 03/18/2005) 65 MOTION for Leave to File Surreply by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 03/23/2005) 66 MEMORANDUM referring to Magistrate Judge Boland : [65] MOTION for Leave filed by Patrick M. Hawkinson, by Judge Edward W. Nottingham on 3/22/05. (pap, ) (Entered: 03/23/2005) 67 MINUTE ORDER granting [65] Pla's Motion for Leave to File Surreply . Entered by Magistrate Judge Boyd N. Boland on 3/24/05. (pap, ) (Entered: 03/28/2005) 68 MINUTE ORDER denying [54] Objection and Motion to Limit Defendants Reply . Entered by Magistrate Judge Boyd N. Boland on 3/24/05. (pap, ) (Entered: 03/28/2005) 69 MINUTE ORDER granting [56] Motion to Amend Pla's Response of Dfts' Motion to Dismiss. Entered by Magistrate Judge Boyd N. Boland on 3/24/05. (pap, ) (Entered: 03/28/2005) 70 Notice of ERRATA re [63] Reply to Response to Motion by Defendants. Attached is Affidavit of Rodney Fouracre and referenced Amended Information. (pap, ) (Entered: 03/30/2005) 71 (MOTION for)Substitution of Attorney Awilda R. Marquez for Attorney Melanie B. Lewis as attorney of record for the Defendants. (pap2, ) (Entered: 04/13/2005) 72 MOTION For Extension of Time to File Surreply to Dfts' Reply to Response to Motion[63] up to and including 4/27/05 by Plaintiff Patrick M. Hawkinson. (pap2, ) (Entered: 04/13/2005) 73 MEMORANDUM referring to Magistrate Judge Boland : [72] MOTION For Extension of Time Reply to Response to Motion[63] filed by Patrick M. Hawkinson, by Judge Edward W. Nottingham on 4/12/05. (pap, ) (Entered: 04/14/2005) 74 MINUTE ORDER granting [72] Pla's Motion for Extension of Time to File Surreply up to and including 4/27/05. Entered by Magistrate Judge Boyd N. Boland on 4/13/05. (pap, ) (Entered: 04/14/2005)

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75 ORDER granting [71] Motion to Substitute Attorney and to Change Designation for Future E-Filings for Defendants. Added attorney Awilda R. Marquez for Jenelle (I) Borden; Jenelle Borden; James (I) A. Montoya and James A. Montoya. Attorney Melanie Bailey Lewis terminated . Signed by Judge Edward W. Nottingham on 4/14/05. (gms, ) (Entered: 04/15/2005) 76 SURREPLY to [41] Dfts' MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 04/29/2005) 77 MOTION to Strike [76] Pla's Surreply to Dfts' Motion to Dismiss by Defendants James (I) A. Montoya, James A. Montoya, Jenelle (I) Borden, Jenelle Borden. (pap, ) (Entered: 05/16/2005) 78 MEMORANDUM referring to Magistrate Judge Boland : [77] MOTION to Strike [76] Surreply filed by James (I) A. Montoya, James A. Montoya, Jenelle (I) Borden, Jenelle Borden, by Judge Edward W. Nottingham on 5/16/05. (pap, ) (Entered: 05/17/2005) 79 ORDER granting [77] Dfts' Motion to Strike [76] Pla's Surreply to Dfts Motion to Dimsiss. Signed by Magistrate Judge Boyd N. Boland on 5/23/05. (pap, ) (Entered: 05/25/2005) 80 RESPONSE to[77] Dfts' MOTION to Strike [76] Surreply filed by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 05/26/2005) 81 Reason for Non-payment STATEMENT re [2] Order, by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 05/27/2005) 82 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re [79] Order on Motion to Strike by Plaintiff Patrick M. Hawkinson (pap, ) (Entered: 06/03/2005) 83 REQUEST by Plaintiff Patrick M. Hawkinson for Status of Appeal to Judge Nottingham. (pap, ) (Entered: 07/11/2005) 84 RECOMMENDATION of United States Magistrate Judge that [31] Second Verified MOTION for Summary Judgment filed by Patrick M. Hawkinson be Denied and that [41] Defendants' MOTION to Dismiss for Lack of Jurisdiction be Granted and that this action be dismissed in its entirety. Signed by Magistrate Judge Boyd N. Boland on 8/24/05. (pap, ) (Entered: 08/24/2005) 85 MOTION For Extension of Time to File Objection by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 09/01/2005) 86 MINUTE ORDER: Plaintiff's 85 Motion for Extension of Time to File Objection is GRANTED, in part by Judge Edward W. Nottingham on 9/2/05. Plaintiff's objection shall be filed on or before September 20, 2005. [TEXT ONLY ENTRY - NO DOCUMENT ATTACHED] (ewnsec) (Entered: 09/02/2005) 87 ORDER Directing Plaintiff to Make Monthly Filing Fee Payment or to Show Cause. Signed by Magistrate Judge Boyd N. Boland on 9/6/05.

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(pap, ) (Entered: 09/07/2005) 09/14/2005 88 MOTION to Amend Complaint in response to 84 Magistrate's Recommendation to Dismiss by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 09/15/2005) 89 RESPONSE TO ORDER TO SHOW CAUSE and Inmate trust fund account statement re [6] by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 09/15/2005) 90 Response and OBJECTION to 84 Magistrate Judge's Recommendation to Dismiss by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 09/15/2005) 91 ERRATA re 90 Objection to Report and Recommendations by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 09/21/2005) 92 RESPONSE to Objection to 84 REPORT AND RECOMMENDATIONS re [31] MOTION for Summary Judgment filed by Patrick M. Hawkinson,, [41] MOTION to Dismiss for Lack of Jurisdiction filed by James (I) A. Montoya,, James A. Montoya,, Jenelle (I) Borden,, Jenelle Borden, Response to Objection re Motion to Dismiss for Lack of Jurisdiction filed by Defendants James A. Montoya, Jenelle Borden. (Marquez, Awilda) (Entered: 09/22/2005) 93 MOTION to Strike Plaintiff's Motion to Amend Complaint 88 in Response to Magistrate's Recommendation to Dismiss by Defendants James A. Montoya, Jenelle Borden. (Marquez, Awilda) (Modified on 9/26/2005 to create linkage) (gms, ). (Entered: 09/23/2005) 94 Docket Annotation re: 93 MOTION to Strike Plaintiff's Motion to Amend Complaint in Response to Magistrate's Recommendation to Dismiss. This docket entry was modified to create a linkage to Doc #88 which was not done during the docketing of this event. Text only entry - no document attached. (gms, ) (Entered: 09/26/2005) 95 REPLY to 92 Response to Objection to Report and Recommendation, by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 10/06/2005) 96 Inmate trust fund account STATEMENT re [2] Order, by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 10/17/2005) 97 Inmate trust fund account STATEMENT re [2] Order, by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 11/16/2005) 98 Inmate trust fund account STATEMENT re [2] Order, by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 12/09/2005) 99 ORDER DIRECTING PLAINTIFF TO MAKE MONTHLY FILING FEE PAYMENT OR TO SHOW CAUSE re: [2] Order. Signed by Magistrate Judge Boyd N. Boland on 1/24/06. (dlb, ) (Entered: 01/25/2006) 100 Inmate trust fund account STATEMENT re [2] Order, by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 02/06/2006)

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101 Certified Prisoner Trust Fund Account Statement (Inmate Banking Statement) by Patrick M. Hawkinson. (dlb, ) (Entered: 02/17/2006) 102 Inmate trust fund account STATEMENT re [2] Order, by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 03/16/2006) 103 ORDER Accepting in part and Rejecting in part 84 Magistrate Judge's Recommendations. Denying [31] Motion for Summary Judgment. Denying [41] Motion to Dismiss for Lack of Jurisdiction. Overruling [82] APPEAL OF MAGISTRATE JUDGE DECISION to District Court. Denying as Moot88 Motion to Amend Complaint. Denying as Moot 93 Motion to Strike the Motion to Amend. Case is Recommitted to the magistrate judge . Signed by Judge Edward W. Nottingham on 3/16/06. (pap, ) (Entered: 03/16/2006) 104 MINUTE ORDER re: 103 Order, James (I) A. Montoya answer due 4/5/2006; James A. Montoya answer due 4/5/2006; Jenelle (I) Borden answer due 4/5/2006; Jenelle Borden answer due 4/5/2006 re: [3] Complaint. Entered by Magistrate Judge Boyd N. Boland on 3/17/06. (pap, ) (Entered: 03/17/2006) 105 ANSWER to Complaint by James A. Montoya, Jenelle Borden. (Marquez, Awilda) (Entered: 04/04/2006) 106 MOTION/Request for Order to Issue Subpoena by Plaintiff Patrick M. Hawkinson. (Attachments: # 1 Tendered Supoena)(pap, ) (Entered: 04/12/2006) 107 MEMORANDUM referring to Magistrate Judge Boland : 106 MOTION for Order to filed by Patrick M. Hawkinson, by Judge Edward W. Nottingham on 4/12/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 04/12/2006) 108 Inmate trust fund account STATEMENT re [2] Order, by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 04/13/2006) 109 MINUTE ORDER re: 106 MOTION for Order to filed by Patrick M. Hawkinson, Motion Hearing/Preliminary Scheduling Conference set for 5/4/2006 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland.Entered by Magistrate Judge Boyd N. Boland on 4/18/06. (pap, ) (Entered: 04/19/2006) 110 MEMORANDUM of Plaintiff's Legal Authorities and Submitted Evidence for 5/4/06 Telephonic Conference (BRIEF) re 106 MOTION for Issuance of Subpoena in Civil Case by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 04/26/2006) 111 ORDER Discovery due by 9/8/2006. Dispositive Motions due by 10/9/2006. Proposed Pretrial Order due by 7/24/2006. Preliminary Pretrial Conference set for 7/31/2006 08:30 AM before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge Boyd N. Boland on 5/4/06. (pap, ) (Entered: 05/04/2006) 112 Minute Entry-Courtroom Minutes for proceedings held before Magistrate

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Judge Boyd N. Boland. Motion Hearing held on 5/4/2006. ORDERED:106 MOTION for Order to issue subpoena filed by Patrick M. Hawkinson is TAKEN UNDER ADIVSEMENT. Scheduling Conference held on 5/4/2006. Discovery due by 9/8/2006. Dispositive Motions due by 10/9/2006. Proposed Pretrial Order due by 7/24/2006. Preliminary Pretrial Conference set for 7/31/2006 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. (Court Reporter FTR-G. MATTEI.) (bnbcd, ) (Main Document attached/added on 5/5/2006) (pap, ). (Modified on 5/5/2006 to attach PDF-Document) (pap, ). (Entered: 05/04/2006) 05/04/2006 113 ORDER taking under advisement, 106 Motion for Order to issue subpoena, by Magistrate Judge Boyd N. Boland on 5/4/06 pursuant to the courtroom minutes. Text only. No document attached. (bnbcd, ) (Entered: 05/04/2006) 114 ORDER Denying 106 Plaintiff's Motion to Issue Subpoena . Signed by Magistrate Judge Boyd N. Boland on 5/4/06. (pap, ) (Entered: 05/05/2006) 115 Docket Annotation 112 Courtroom Minutes modified to attach main document PDF. Text only entry - no document attached. (pap, ) (Entered: 05/05/2006) 116 Inmate trust fund account STATEMENT re [2] Order, by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 05/15/2006) 117 (CERTIFICATE OF COMPLIANCE) First Notice of Discovery Service by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 05/22/2006) 118 MOTION For Extension of Time to Respond to Plaintiff's Discovery Requests by Defendants James (I) A. Montoya, James A. Montoya, Jenelle (I) Borden, Jenelle Borden. (Attachments: # 1 Proposed Order (PDF Only))(Marquez, Awilda) (Entered: 05/24/2006) 119 MEMORANDUM referring to Magistrate Judge Boland : 118 MOTION For Extension of Time to Respond to Plaintiff's Discovery Requests filed by James (I) A. Montoya, James A. Montoya, Jenelle (I) Borden, Jenelle Borden, entered by Judge Edward W. Nottingham on 5/25/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 05/25/2006) 120 MINUTE ORDER Granting 118 Defendants' Motion for Extension of Time to Respond to Plaintiff's Discovery Requests. Defendants shall respond on or before 7/10/06. Entered by Magistrate Judge Boyd N. Boland on 5/25/06. (pap, ) (Entered: 05/25/2006) 121 MOTION to Amend and Supplement [3] Prisoner Complaint by Plaintiff Patrick M. Hawkinson. (Attachments: # 1 Proposed Document)(pap, ) (Entered: 05/31/2006) 122 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 114 Order on Motion for Order by Plaintiff Patrick M. Hawkinson. Actually titled Motion for Magistrate to Reconsider his May 5, 2006

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Order with Alternative Arrangements to Secure Transcripts. (pap, ) (Entered: 05/31/2006) 05/30/2006 127 MOTION for Reconsideration re 114 Order on Motion for Order, with Alternative Arrangement to Secure Transcripts by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 06/02/2006) 123 MEMORANDUM referring to Magistrate Judge Boland : 121 MOTION to Amend and Supplement [3] Complaint filed by Patrick M. Hawkinson, entered by Judge Edward W. Nottingham on 5/31/06. (Text Only Entry No Document Attached) (ewnsec, ) (Entered: 05/31/2006) 124 RESPONSE to Motion re 122 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 114 Order on Motion for Order by Plaintiff Patrick M. Hawkinson filed by Defendants James (I) A. Montoya, James A. Montoya, Jenelle (I) Borden, Jenelle Borden. (Marquez, Awilda) (Entered: 06/01/2006) 125 STATEMENT re 121 MOTION to Amend/Correct/Modify [3] Complaint, [3] Complaint of No Position by Defendants James (I) A. Montoya, James A. Montoya, Jenelle (I) Borden, Jenelle Borden. (Marquez, Awilda) (Entered: 06/01/2006) 126 Docket Annotation re: 122 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 114 Order on Motion for Order by Plaintiff Patrick M. Hawkinson has been TERMINATED as court will refile and consider as a Motion to Reconsider. Text only entry - no document attached. (pap, ) (Entered: 06/02/2006) 128 MEMORANDUM referring to Magistrate Judge Boland : 127 MOTION for Reconsideration re 114 Order on Motion for Order filed by Patrick M. Hawkinson, entered by Judge Edward W. Nottingham on 6/2/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 06/02/2006) 129 Addendum to 127 MOTION for Reconsideration of 114 Order on Motion for Order by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 06/02/2006) 130 Inmate trust fund account STATEMENT re [2] Order, by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 06/06/2006) 131 RESPONSE to Motion re 127 MOTION for Reconsideration re 114 Order on Motion for Order filed by Defendants James (I) A. Montoya, James A. Montoya, Jenelle (I) Borden, Jenelle Borden. (Marquez, Awilda) (Entered: 06/07/2006) 132 ORDER Denying 127 Motion for Reconsideration of Magistrate Judge's 5/5/06 Order and 129 Addendum to 127 MOTION for Reconsideration of 114 Order on Motion for Order. Signed by Magistrate Judge Boyd N. Boland on 6/8/06. (pap, ) (Entered: 06/08/2006) 133 REPLY to Response to 127 MOTION for Reconsideration re 114 Order on Motion for Order filed by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 06/09/2006)

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134 APPEAL (Objection) to Judge Nottingham OF MAGISTRATE JUDGE DECISION to District Court re 114 Order on Motion to Issue Subpoena by Plaintiff Patrick M. Hawkinson (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(pap, ) (Entered: 06/16/2006) 135 MOTION for Protective Order by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 06/16/2006) 136 MEMORANDUM referring to Magistrate Judge Boland : 135 MOTION for Protective Order filed by Patrick M. Hawkinson, by Judge Edward W. Nottingham on 6/16/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 06/16/2006) 137 NOTICE of Attorney Misconduct by Plaintiff Patrick M. Hawkinson (pap, ) (Entered: 06/20/2006) 138 RESPONSE to objection to 134 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 114 Order on Motion for Order by Plaintiff Patrick M. Hawkinson filed by Defendants James (I) A. Montoya, James A. Montoya, Jenelle (I) Borden, Jenelle Borden. (Marquez, Awilda) (Entered: 06/22/2006) 139 RESPONSE to Motion re 135 MOTION for Protective Order filed by Defendants James (I) A. Montoya, James A. Montoya, Jenelle (I) Borden, Jenelle Borden. (Marquez, Awilda) (Entered: 06/26/2006) 140 RESPONSE to 137 Notice (Other) of Attorney Misconduct by Defendants James (I) A. Montoya, James A. Montoya, Jenelle (I) Borden, Jenelle Borden. (Marquez, Awilda) (Entered: 06/26/2006) 141 ORDER Denying 135 Plaintiff's Motion for Protective Order . Signed by Magistrate Judge Boyd N. Boland on 6/28/06. (pap, ) (Entered: 06/28/2006) 142 ORDER Granting 121 Plaintifff's Motion to Amend and Supplement the Complaint.The Clerk of the Court is directed to accept for filing the plaintiff's First Amended and Supplemented Prisoner Complaint. Signed by Magistrate Judge Boyd N. Boland on 6/28/06. (pap, ) (Entered: 06/28/2006) 143 FIRST AMENDED AND SUPPLEMENTED PRISONER COMPLAINT against Estate of Opal Wilson, R. (I) Lynn Keener, R. Lynn Keener, Robert Scranton, Robert (I) Scranton, James (I) A. Montoya, James A. Montoya , filed by Patrick M. Hawkinson.(pap, ) (Entered: 06/28/2006) 144 ORDER Overruling 134 Plaintiff's APPEAL (Objection) to Judge Nottingham OF MAGISTRATE JUDGE DECISION to District Court re 114 Order on Motion to Issue Subpoena. Signed by Judge Edward W. Nottingham on 6/29/06. (pap, ) (Entered: 06/29/2006) 145 REPLY to His APPEAL (Objection) 134 to Judge Nottingham of Magistrates Refusal to Issue Plaintiff's Civil Subpoenas 114 by Plaintiff Patrick M. Hawkinson. (lam, ) (Entered: 06/30/2006)

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146 NOTICE of Objection (prior) to Any Request by Defendant's for an Extension of Time to Respond to Plaintiff's Discovery Requests by Plaintiff Patrick M. Hawkinson (lam, ) (Entered: 06/30/2006) 147 MOTION to Dismiss First Amended and Supplemented Prisoner Complaint by Defendants James (I) A. Montoya, James A. Montoya. (Attachments: # 1 Exhibit A through G# 2 Exhibit H through K# 3 Exhibit L)(Marquez, Awilda) (Entered: 06/30/2006) 148 MOTION to Stay Pretrial Proceedings Pending Decision on His Motion to Dismiss Plaintiff's First Amended and Supplemented Prisoner Complaint by Defendants James (I) A. Montoya, James A. Montoya. (Marquez, Awilda) (Entered: 06/30/2006) 149 MEMORANDUM referring to Magistrate Judge Boland : 147 MOTION to Dismiss First Amended and Supplemented Prisoner Complaint filed by James (I) A. Montoya, James A. Montoya, entered by Judge Edward W. Nottingham on 6/30/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 06/30/2006) 150 MEMORANDUM referring to Magistrate Judge Boland : 148 MOTION to Stay Pretrial Proceedings Pending Decision on His Motion to Dismiss Plaintiff's First Amended and Supplemented Prisoner Complaint filed by James (I) A. Montoya, James A. Montoya, entered by Judge Edward W. Nottingham on 6/30/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 06/30/2006) 151 MINUTE ORDER Plaintiff shall respond on or before 7/21/06 re: 148 Defendant Montoya's MOTION to Stay Pretrial Proceedings Pending Decision on His Motion to Dismiss Plaintiff's First Amended and Supplemented Prisoner Complaint. Entered by Magistrate Judge Boyd N. Boland on 7/5/06. (pap, ) (Entered: 07/06/2006) 152 MINUTE ORDER Plaintiff shall respond on or before 7/28/06 re: 147 Defendant Montoya's MOTION to Dismiss First Amended and Supplemented Prisoner Complaint. Entered by Magistrate Judge Boyd N. Boland on 7/5/06. (pap, ) (Entered: 07/06/2006) 153 MOTION for Process Service by US Marshal's Office by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 07/06/2006) 154 MEMORANDUM referring to Magistrate Judge Boland : 153 MOTION to filed by Patrick M. Hawkinson, by Judge Edward W. Nottingham on 7/6/06. (Text Only Entry - No Document Attached)(pap2, ) (Entered: 07/07/2006) 155 ORDER granting 153 Plaintiff's MOTION for Process Service by US Marshal's Office . Signed by Magistrate Judge Boyd N. Boland on 7/10/06. (pap, ) (Entered: 07/10/2006) 156 RESPONSE to 147 Defendant Montoya's MOTION to Dismiss First Amended and Supplemented Prisoner Complaint filed by Plaintiff Patrick M. Hawkinson. (Attachments: # 1 Exhibits 1-3)(pap, ) (Entered:

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07/11/2006) 07/12/2006 07/12/2006 157 MOTION to Add "Injunctive Relief" to 143 Amended Complaint by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 07/12/2006) 158 RESPONSE to Motion re 148 Defendant Montoya's MOTION to Stay Pretrial Proceedings Pending Decision on His Motion to Dismiss Plaintiff's First Amended and Supplemented Prisoner Complaint filed by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 07/12/2006) 159 MEMORANDUM referring to Magistrate Judge Boland : 157 MOTION to Amend/Correct/Modify 143 Amended Complaint filed by Patrick M. Hawkinson, entered by Judge Edward W. Nottingham on 7/12/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 07/12/2006) 160 AMENDED CERTIFICATE of Mailing by Clerk of Court re 155 Order on Motion for Miscellaneous Relief. (Attachments: # 1 Service Process Forms) (pap, ) (Entered: 07/13/2006) 161 MOTION for Extension of Time to File Response/Reply as to 147 MOTION to Dismiss First Amended and Supplemented Prisoner Complaint Defendants James (I) A. Montoya, James A. Montoya. (Attachments: # 1 Proposed Order (PDF Only))(Kennedy, Edmund) (Modified on 7/17/2006 to correct linkage) (dln, ). (Entered: 07/14/2006) 162 Docket Annotation re: 161 MOTION for Extension of Time to File Response/Reply as to 147 MOTION to Dismiss First Amended and Supplemented Prisoner Complaint Defendants. [Entry modified to correct linkage]. Text only entry - no document attached. (dln, ) (Entered: 07/17/2006) 163 MEMORANDUM referring to Magistrate Judge Boland : 161 MOTION for Extension of Time to File Response/Reply as to 156 Response to Motion filed by James (I) A. Montoya, James A. Montoya, entered by Judge Edward W. Nottingham on 7/17/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 07/17/2006) 164 MINUTE ORDER granting to 7/31/06 161 MOTION for Extension of Time to File Response/Reply as to 147 MOTION to Dismiss First Amended and Supplemented Prisoner Complaint Defendants by Magistrate Judge Boyd N. Boland on 7/14/06. (dln, ) (Entered: 07/17/2006) 165 ORDER denying 157 MOTION to Add "Injunctive Relief" to 143 Amended Complaint by Plaintiff . Signed by Magistrate Judge Boyd N. Boland on 7/18/06. (dln, ) (Entered: 07/19/2006) 166 ORDER granting 148 MOTION to Stay Pretrial Proceedings Pending Decision on His Motion to Dismiss Plaintiff's First Amended and Supplemented Prisoner Complaint by Defendants . Signed by Magistrate Judge Boyd N. Boland on 7/18/06. (dln, ) (Entered: 07/19/2006) 167 Certified Prisoner Trust Fund Account Statement by Patrick M. Hawkinson. (dln, ) (Entered: 07/19/2006)

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168 SUPPLEMENTAL Response to 156RESPONSE to 147 Defendant Montoya's MOTION to Dismiss First Amended and Supplemented Prisoner Complaint filed by Plaintiff by Plaintiff Patrick M. Hawkinson. *actually titled "Pla's Motion to Supplement his response to...." (dln, ) (Entered: 07/19/2006) 169 SUMMONS Returned Executed by US Marshal Service. Estate of Opal Wilson served on 7/20/2006, answer due 8/9/2006. (pap, ) (Entered: 07/25/2006) 170 SUMMONS Returned Executed by US Marshal Service. Robert Scranton served on 7/20/2006, answer due 8/9/2006; Robert (I) Scranton served on 7/20/2006, answer due 8/9/2006. (pap, ) (Entered: 07/25/2006) 171 MINUTE ORDER Preliminary Pretrial Conference set for 7/31/06 is VACATED. Entered by Magistrate Judge Boyd N. Boland on 7/25/06. (pap, ) (Entered: 07/25/2006) 172 AMENDED CERTIFICATE of Mailing by Clerk of Court re 171 Minute Order.(pap, ) (Entered: 07/25/2006) 173 REPLY to Response to Motion re 147 MOTION to Dismiss First Amended and Supplemented Prisoner Complaint filed by Defendants James (I) A. Montoya, James A. Montoya. (Marquez, Awilda) (Entered: 07/31/2006) 174 ANSWER to Amended Complaint by Estate of Opal Wilson, R. Lynn Keener, R. Lynn Keener, individually, Robert Scranton and Robert Scranton, individually. (Attachments: # 1)(Scranton, Robert) (Modified on 8/7/2006 to include all filers) (pap, ). (Entered: 08/04/2006) 175 Inmate trust fund account STATEMENT re [2] Order, by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 08/10/2006) 176 SECOND MOTION to Modify 143 Amended Complaint to include Injunctive Relief by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 08/14/2006) 177 VERIFIED MOTION for Summary Judgment by Plaintiff Patrick M. Hawkinson. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 12# 12 Exhibit 13# 13 Exhibit 14# 14 Exhibit 15# 15 Exhibit 16# 16 Exhibit 17# 17 Exhibit 18)(pap, ) (Entered: 08/14/2006) 178 MEMORANDUM referring to Magistrate Judge Boland : 177 MOTION for Summary Judgment filed by Patrick M. Hawkinson, 176 MOTION to Amend/Correct/Modify 143 Amended Complaint filed by Patrick M. Hawkinson, entered by Judge Edward W. Nottingham on 8/14/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 08/14/2006) 179 MINUTE ORDER Defendants shall respond on or before 9/1/06 re: 177 MOTION for Summary Judgment filed by Patrick M. Hawkinson and 176 MOTION to Include Injunctive Relief in 143 Amended Complaint

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filed by Patrick M. Hawkinson. Entered by Magistrate Judge Boyd N. Boland on 8/15/06. (pap, ) (Entered: 08/15/2006) 08/18/2006 180 MOTION to Set Scheduling Conference for Defendants Keener, Scrantion, and Estate of Opal Wilson by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 08/18/2006) 181 MEMORANDUM referring to Magistrate Judge Boland : 180 MOTION for Hearing/Conference filed by Patrick M. Hawkinson, entered by Judge Edward W. Nottingham on 8/18/06. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 08/18/2006) 182 MOTION to Stay re 177 MOTION for Summary Judgment Pending Determination of Defendant Qualified Immunity by Defendants James (I) A. Montoya, James A. Montoya. (Attachments: # 1 Proposed Order (PDF Only))(Marquez, Awilda) (Entered: 08/22/2006) 183 MEMORANDUM referring to Magistrate Judge Boland : 182 MOTION to Stay re 177 MOTION for Summary Judgment Pending Determination of Defendant Qualified Immunity filed by James (I) A. Montoya, James A. Montoya, entered by Judge Edward W. Nottingham on 8/18/06. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 08/22/2006) 184 MINUTE ORDER Plaintiff shall respond on or before 9/12/06 to 182 Defendant Montoya's MOTION to Stay re 177 MOTION for Summary Judgment Pending Determination of Defendant Qualified Immunity. Entered by Magistrate Judge Boyd N. Boland on 8/23/06. (pap, ) (Entered: 08/23/2006) 185 RESPONSE to Motion re 176 MOTION to Amend/Correct/Modify 143 Amended Complaint filed by Defendants James (I) A. Montoya, James A. Montoya. (Marquez, Awilda) (Entered: 08/25/2006) 186 MOTION for Extension of Time to File Response/Reply as to 177 MOTION for Summary Judgment Re Defendant James A Montoya in the Event His Motion to Stay Briefing is Denied by Defendants James (I) A. Montoya, James A. Montoya. (Attachments: # 1 Proposed Order (PDF Only))(Marquez, Awilda) (Entered: 08/25/2006) 187 MEMORANDUM referring to Magistrate Judge Boland : 186 MOTION for Extension of Time to File Response/Reply as to 177 MOTION for Summary Judgment Re Defendant James A Montoya in the Event His Motion to Stay Briefing is Denied filed by James (I) A. Montoya, James A. Montoya, entered by Judge Edward W. Nottingham on 8/25/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 08/25/2006) 188 MINUTE ORDER Granting 186 Defendant Montoya's MOTION for Extension of Time to File Response as to 177 MOTION for Summary Judgment Re Defendant James A Montoya in the Event His Motion to Stay Briefing is Denied. Defendant Montoya shall respond on or before 9/22/06. Entered by Magistrate Judge Boyd N. Boland on 8/28/06. (pap, ) (Entered: 08/28/2006)

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189 MOTION for Court Order Permitting Attorney Calls by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 08/28/2006) 190 MEMORANDUM referring to Magistrate Judge Boland : 189 MOTION for Court Order Permitting Attorney Calls filed by Patrick M. Hawkinson, entered by Judge Edward W. Nottingham on 8/29/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 08/29/2006) 191 MINUTE ORDER Defendants shall respond on or before 9/19/06 re: 189 Patrick M. Hawkinson's MOTION for Court Order Permitting Attorney Calls . Entered by Magistrate Judge Boyd N. Boland on 8/29/06. (pap, ) (Entered: 08/29/2006) 192 MOTION for Extension of Time to File Reply as to 176 SECOND MOTION to Modify 143 Amended Complaint to include Injunctive Relief by Plaintiff Patrick M. Hawkinson. (rlp, ) (Modified on 9/6/2006 to correct linkage) (dln, ). (Entered: 09/05/2006) 193 MOTION to Use Proper Captions, by Plaintiff Patrick M. Hawkinson. (rlp, ) (Entered: 09/05/2006) 194 MEMORANDUM referring to Magistrate Judge Boland : 193 MOTION to Use Proper Captions and 192 MOTION for Extension of Time to File Reply as to 185 Response to Motion filed by Patrick M. Hawkinson, entered by Judge Edward W. Nottingham on 9/5/06. (Text Only Entry No Document Attached) (ewnsec, ) (Entered: 09/05/2006) 195 Docket Annotation re: 192 MOTION for Extension of Time to File Reply as to 176 SECOND MOTION to Modify 143 Amended Complaint to include Injunctive Relief by Plaintiff. [Entry modified to correct linkage]. Text only entry - no document attached. (dln, ) (Entered: 09/06/2006) 196 RESPONSE to Motion re 192 MOTION for Extension of Time to File Response/Reply as to 185 Response to Motion Defendant Statement of No Position filed by Defendants James (I) A. Montoya, James A. Montoya. (Marquez, Awilda) (Entered: 09/06/2006) 197 RESPONSE to Motion re 189 MOTION for Order to filed by Defendants James (I) A. Montoya, James A. Montoya. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D)(Marquez, Awilda) (Entered: 09/06/2006) 198 MINUTE ORDER, Set Hearings: Scheduling Conference set for 10/11/2006 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 9/7/06. (erv, ) (Entered: 09/07/2006) 199 CERTIFICATE of Mailing by Clerk of Court re 198 Minute Order, Set Scheduling Conf. (erv, ) (Entered: 09/07/2006) 200 Minute ORDER granting in part and denying in part 180 Motion for Hearing/Conference, insofar as a scheduling conference will be set by separate Order. It is DENIED as to plaintiff's request for hearing/ruling of defendant Scranton's apparent conflict of interest. granting 182 Dft

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01271-EWN-BNB Document 331-3

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Montoya's Motion to Stay Briefing on Pla's Verified Motion for Sum Jgm pending Determination of Dfts Qualified Immunity, denying 189 Motion for Order, Granting 192 Pla's Motion for Extension of time to file Reply to Dft Montoya's Response to Pla's Second Motion to Add Injunctive Relief, Denying as Moot 193, Second Request to Magistrate Boland to use proper Captions by Magistrate Judge Boyd N. Boland on 9/7/06. (erv, ) (Entered: 09/07/2006) 09/08/2006 201 SUPPLEMENT/AMENDMENT to 173 Reply to Response to Motion to Dismiss First Amended and Supplemented Prisoner Complaint by Defendants James (I) A. Montoya, James A. Montoya. (Marquez, Awilda) (Entered: 09/08/2006) 202 MOTION for Judge Nottingham to issue order to Magistrate Judge Boland to hold Evidentiary Hearing/Conference by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 09/15/2006) 203 Inmate trust fund account STATEMENT re: [2] Order by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 09/15/2006) 204 MINUTE ORDER denying 202 Emergency Motion to Judge Nottingham Re: Defendant Scranton's "Conflict of Interest". Entered by Judge Edward W. Nottingham on 9/18/06. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 09/18/2006) 205 SECOND MOTION for Extension of Time to File Reply as to 176 MOTION to Modify 143 Amended Complaint to Add Injunctive Relief by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 09/20/2006) 206 MEMORANDUM regarding 205 MOTION for Extension of Time to File Response/Reply as to 176 MOTION to Amend/Correct/Modify 143 Amended Complaint filed by Patrick M. Hawkinson. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 9/20/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 09/20/2006) 207 MINUTE ORDER Granting 205 Plaintiff's SECOND MOTION for Extension of Time to File Reply as to 176 MOTION to Modify 143 Amended Complaint to Add Injunctive Relief. Plaintiff may have up to and including 9/27/06 to file a reply. Entered by Magistrate Judge Boyd N. Boland on 9/21/06.(pap, ) (Entered: 09/21/2006) 208 REPLY to Response to Motion re 176 MOTION to Amend 143 Amended Complaint to include injunctive relief filed by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 09/26/2006) 209 MOTION to Strike 173 Reply to Response to Motion and 201 Supplement/Amendment, as untimely and improper service, by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 09/29/2006) 210 MEMORANDUM regarding 209 MOTION to Strike 173 Reply to Response to Motion, 201 Supplement/Amendment filed by Patrick M. Hawkinson. Motions referred to Magistrate Judge Boyd N. Boland.

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01271-EWN-BNB Document 331-3

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Entered by Judge Edward W. Nottingham on 10/2/06. (Text Only Entry No Document Attached) (ewnsec, ) (Entered: 10/02/2006) 10/03/2006 211 MINUTE ORDER Defendant Montoya shall respond on or before 10/10/06 to 209 MOTION to Strike 173 Reply to Response to Motion, 201 Supplement/Amendment filed by Patrick M. Hawkinson. Entered by Magistrate Judge Boyd N. Boland on 10/3/06. (pap, ) (Entered: 10/03/2006) 212 CERTIFICATE of Mailing/Service Re-Mailing of Defendant Montoya's Reply in Support of Motion to Dismiss First Amended and Supplemented Prisoner Complaint by Defendants James (I) A. Montoya, James A. Montoya. (Marquez, Awilda) (Entered: 10/04/2006) 213 RESPONSE to Motion re 209 MOTION to Strike 173 Reply to Response to Motion, 201 Supplement/Amendment filed by Defendants James (I) A. Montoya, James A. Montoya. (Attachments: # 1 Affidavit # 2 Exhibit # 3)(Marquez, Awilda) (Entered: 10/05/2006) 215 Minute Entry-Courtroom Minutes for proceedings held before Magistrate Judge Boyd N. Boland. Scheduling Conference held on 10/11/2006.ORDERED:Limited written discovery against defendant R. Lynn Keener, Robert Scranton and the Estate of Opal Wilson may began. These Defendants may serve discovery as against Mr. Hawkinson if they wish. The written discovery allowed is as follows 30 requests for admission per side, 15 document requests per side, 30 interrogatories per side as stated on the record. No discovery can be taken against Mr. Montoya until there is a ruling on the motion to dismiss and the stay is lifted.ORDERED:Plaintiffs second motion to include injunctive relief in prisoners civil right complaint (8/14/06 #176) is DENIED as stated on the record. ORDERED:Plaintiffs motion to strike defendant Montoyas reply (Doc. #173) for non-service and supplement/amendment (Doc. #201) as untimely and improper service (9/29/06 #209) is DENIED AS WITHDRAWN as stated on the record.ORDERED:Oral motion by plaintiff withdrawing all claims against Mr. Montoya in his official capacity and allow the claims against Mr. Montoya in his individual capacity is GRANTED as stated on the record. (Court Reporter FTR-G. Mattei.) (bnbcd, ) (Entered: 10/12/2006) 214 ORDER All claims against James A. Montoya in his official capacity are dismissed with prejudice at the request of plaintiff. Stay of discovery re: James A. Montoya is continued. Plaintiff and defendants Keener, Scranton and Estate of Wilson may engage in written discovery that is limited. Denying Plaintiff's 2nd 176 Motion to Include Injunctive Relief in Prisoner's Civil Rights Complaint and denying as withdrawn Plaintiff's 209 Motion to Strike Defendant Montoya's Reply for Non-Service and Supplement/Amendment as Untimely and Improper Service. Signed by Magistrate Judge Boyd N. Boland on 10/12/06.(gms, ) (Entered: 10/12/2006) 216 Inmate trust fund account STATEMENT re: [2] Order by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 10/18/2006)

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01271-EWN-BNB Document 331-3

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217 SECOND NOTICE OF DISCOVERY SERVICE by Plaintiff Patrick M. Hawkinson (pap, ) (Entered: 10/18/2006) 218 SUPPLEMENTAL LEGAL AUTHORITY to 156 Response to Motion by Plaintiff Patrick M. Hawkinson. (Attachments: # 1 Exhibits)(pap, ) (Entered: 10/18/2006) 219 MOTION to Amend Clerical Error re: 218 Supplement/Amendment to 156 Plaintiff's Response to Defendant Montoya's Motion to Dismiss by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 10/25/2006) 220 MEMORANDUM regarding 219 MOTION to Amend 218 Supplement/Amendment filed by Patrick M. Hawkinson. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 10/25/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 10/25/2006) 221 RESPONSE to Motion re 147 MOTION to Dismiss First Amended and Supplemented Prisoner Complaint Statement of No Position filed by Defendant James (I) A. Montoya. (Marquez, Awilda) (Entered: 10/30/2006) 222 MOTION for Judgment on the Pleadings by Defendant Estate of Opal Wilson. (Attachments: # 1 Affidavit Affidavit R Lynn Keener# 2 Affidavit Exhibit B - Affidavit of Robert Scranton)(Scranton, Robert) (Entered: 10/31/2006) 223 MEMORANDUM regarding 222 MOTION for Judgment on the Pleadings filed by Estate of Opal Wilson. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 10/31/06. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 10/31/2006) 224 RESPONSE to Motion re 222 MOTION for Judgment on the Pleadings Statement of No Position filed by Defendant James (I) A. Montoya. (Marquez, Awilda) (Entered: 10/31/2006) 225 MINUTE ORDER Plaintiff shall respond on or before 11/22/06 to 222 MOTION for Judgment on the Pleadings filed by Estate of Opal Wilson. Entered by Magistrate Judge Boyd N. Boland on 11/2/06. (pap, ) (Entered: 11/02/2006) 226 Inmate trust fund account STATEMENT re [2] Order by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 11/08/2006) 227 MOTION for Judge Nottingham to Intercede with Order(s) to Expedite this Matter by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 11/08/2006) 228 MOTION to Strike 222 Defendant's Amended MOTION for Judgment on the Pleadings by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 11/08/2006) 229 MEMORANDUM regarding 228 MOTION to Strike 222 MOTION for

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01271-EWN-BNB Document 331-3

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Judgment on the Pleadings filed by Patrick M. Hawkinson. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 11/8/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 11/08/2006) 11/13/2006 11/14/2006 230 ORDER denying Plaintiff's 227 Motion to Expedite. Signed by Judge Edward W. Nottingham on 11/13/06.(gms, ) (Entered: 11/13/2006) 231 MINUTE ORDER Defendants to respond to 228 MOTION to Strike Amended 222 MOTION for Judgment on the Pleadings filed by Patrick M. Hawkinson by 11/29/06, by Magistrate Judge Boyd N. Boland on 11/14/06. (gmssl, ) (Entered: 11/14/2006) 232 RESPONSE to Amended Defendant's 222 MOTION for Judgment on the Pleadings filed by Plaintiff Patrick M. Hawkinson. (lam, ) (Entered: 11/16/2006) 233 NOTICE of Withdrawal of 228 MOTION to Strike 222 Amended Defendant's MOTION for Judgment on the Pleadings by Plaintiff Patrick M. Hawkinson (lam, ) (Entered: 11/16/2006) 234 MOTION for Court Order that Amended Defendants have Conclusively Admitted All of Plaintiff's Requests for Admissions by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 11/24/2006) 235 MEMORANDUM regarding 234 MOTION for Order filed by Patrick M. Hawkinson. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 11/27/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 11/27/2006) 236 REPLY to Response to Motion re 222 MOTION for Judgment on the Pleadings filed by Defendant R. Lynn Keener. (Scranton, Robert) (Entered: 11/28/2006) 237 MOTION For Extension of Time to Respond to Discovery and Interrogatories by Defendant R. Lynn Keener. (Scranton, Robert) (Entered: 11/28/2006) 238 MEMORANDUM regarding 237 MOTION For Extension of Time to Respond to Discovery and Interrogatories filed by R. Lynn Keener. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 11/28/06. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 11/28/2006) 239 MINUTE ORDER Granting 237 MOTION For Extension of Time to Respond to Discovery and Interrogatories. Defendants R. Lynn Keener, RobertScranton, and the Estate of Opal Wilson shall respond to the plaintiff's Request for Discovery/Interrogatories on or before 12/11/06.Entered by Magistrate Judge Boyd N. Boland on 11/29/06. (pap, ) (Entered: 11/29/2006) 240 NOTICE of Change of Address by Plaintiff Patrick M. Hawkinson (pap, ) (Entered: 12/05/2006)

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01271-EWN-BNB Document 331-3

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241 CERTIFICATE of Mailing/Service Answers to Plaintiff's Interrogatories by Defendant R. Lynn Keener. (Attachments: # 1 Exhibit Answers to plaintiff's interrogatories)(Scranton, Robert) (Entered: 12/19/2006) 242 MOTION to Compel (w/Requested Sanctions) by Plaintiff Patrick M. Hawkinson. (Attachments: # 1 Exhibits 1 - 5)(pap, ) (Entered: 01/09/2007) 243 MEMORANDUM regarding 242 MOTION to Compel filed by Patrick M. Hawkinson. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 1/9/07. (Text Only Entry No Document Attached)(ewnsec, ) (Entered: 01/09/2007) 244 MINUTE ORDER Defendants shall respond on or before 1/29/07 to 242 MOTION to Compel filed by Patrick M. Hawkinson. Entered by Magistrate Judge Boyd N. Boland on 1/10/07. (pap, ) (Entered: 01/10/2007) 245 ORDER Directing Plaintiff to Make Monthly Filing Fee Payment or to Show Cause by the 15th of each month re: [2] Order granting motion to proceed pursuant to 28 USC 1915. Signed by Magistrate Judge Boyd N. Boland on 1/16/07. (pap, ) (Entered: 01/16/2007) 246 Summons Returned Unexecuted by U.S. Marshals Service as to R. (I) Lynn Keener, R. Lynn Keener. (pap, ) (Entered: 01/17/2007) 247 Inmate trust fund account STATEMENT re: [2] Order by Plaintiff Patrick M. Hawkinson. (pap, ) (Entered: 01/17/2007) 248 ORDER Discharging 245 Order to Show Cause. Plaintiff to make monthly payment or file a certified copy of his trust fund account statement by the 15th of each month. Signed by Magistrate Judge Boyd N. Boland on 1/19/07. (pap, ) (Entered: 01/22/2007) 249 RESPONSE to Motion re 242 MOTION to Compel filed by Defendant R. Lynn Keener. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(Scranton, Robert) (Entered: 01/25/2007) 250 CERTIFICATE of Mailing/Service Second Amended Answers to Plaintiff's Interrogatories by Defendant R. Lynn Keener. (Scranton, Robert) (Entered: 01/25/2007) 251 MOTION for Protective Order Pursuant to FRCP 26(c) by Defendant R. Lynn Keener. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B) (Scranton, Robert) (Entered: 01/25/2007) 252 MEMORANDUM