Grunewald v. Torres Barajas et al
| Colorado District Court | |
| Judge: | Gordon P Gallagher |
| Case #: | 1:24-cv-03219 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Nov 20, 2024 |
| Last checked: Monday May 19, 2025 2:26 AM MDT |
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Defendant
City and County of Denver, The
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Defendant
Michael Joyce
Assistant City Attorney, in his official capacity Denver City Attorney's Office 201 W Colfax Ave. Dept. 1207
Denver, CO 80202 |
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Defendant
Cory Amundson
Denver General Services 201 W Colfax Ave
Denver, CO 80202 |
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Defendant
Dickensheets & Associates, Inc.
1501 W Wesley Ave
Denver, CO 80223 |
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Defendant
Jose Torres Barajas
Officer, In his individual capacity Denver Police Department 1331 Cherokee St.
Denver, CO 80204 |
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Plaintiff
Justin Grunewald
a living man [E-filer effective 11/20/2024] 2700 West 26th Avenue #102
Denver, CO 80211 |
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| TERMINATED PARTIES | |
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Defendant
Denver Sheriff Impound Lot
Terminated: 12/30/2024
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Defendant
Colorado Department of Revenue - Division of Motor Vehicles
Terminated: 02/26/2025
1881 Pierce St
Lakewood, CO 80214 |
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| Docket last updated: 05/19/2025 11:59 PM MDT |
| Thursday, May 08, 2025 | ||
| 35 | 35
5
pgs
order
Order on Motion for Preliminary Injunction Order on Motion to Supplement Order on Motion to Expedite Order on Report and Recommendations
Thu 05/08 10:56 AM
ORDER by District Judge Gordon P Gallagher on 5/8/2025. The Court AFFIRMS and ADOPTS Judge Prose's Recommendation(s) as an order of this Court (D. 27 ). Plaintiff's Emergency Motion for Preliminary Injunction (D.8 ), Supplemental Motion (D.9 ), Supplemental Motion (D.10 ), and First Motion to Expedite (D.22 ) are all DENIED WITHOUT PREJUDICE. (tlove, ) |
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| Monday, April 21, 2025 | ||
| 34 | 34
4
pgs
order
Order on Motion to Compel
Mon 04/21 2:11 PM
ORDER by Magistrate Judge Susan Prose on 04/21/2025. As set forth in the attached order, the court respectfully DENIES without prejudice Plaintiff's31 Motion to Compel U.S. Marshal Service. It is further ORDERED that Plaintiff shall file an executed return or waiver of service (or move for an extension to do so) for each defendant by June 26, 2025 .(sjeff) |
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| Wednesday, April 16, 2025 | ||
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order
Memorandum
Wed 04/16 8:51 AM
MEMORANDUM regarding31 MOTION to Compel U.S. Marshall Service filed by Justin Grunewald. Motion referred to Magistrate Judge Susan Prose by District Judge Gordon P Gallagher on 04/16/2025. Text Only Entry (dclem) |
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| 32 | 32
notice
Notice (Other)
Wed 04/16 3:07 AM
NOTICE re11 Amended Complaint, Supporting Documentation for Constitutional & UCC Claims by Plaintiff Justin Grunewald(Grunewald, Justin) |
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Att: 1
Exhibit A. Political Status Declaration (Cass County Recorder #1728500),
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Att: 2
Exhibit B. UCC Financing Statement #20242083931,
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Att: 3
Exhibit C. UCC Financing Statement #20242105765,
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Att: 4
Exhibit D. Security Agreement,
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Att: 5
Exhibit E. Notice of Fiduciary Appointment,
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Att: 6
Exhibit F. Bond Claim Statement
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| 31 | 31
motion
Compel
Wed 04/16 12:16 AM
MOTION to Compel U.S. Marshall Service by Plaintiff Justin Grunewald. (Grunewald, Justin) |
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| Tuesday, April 15, 2025 | ||
| 30 | 30
respoth
Objection to Report and Recommendations
Tue 04/15 11:58 PM
OBJECTION to 27 ,18 Report and Recommendations formal objection with Motion to Vacate all prior magistrate recommendations filed by Plaintiff Justin Grunewald. (Grunewald, Justin) |
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| Tuesday, April 01, 2025 | ||
| 29 | 29
order
Order Referring Case to Magistrate Judge
Tue 04/01 4:02 PM
ORDER REFERRING CASE to the assigned United States Magistrate Judge. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By District Judge Gordon P Gallagher on 4/1/2025. Text Only Entry (tlove, ) |
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| 28 | 28
misc
Letter Reassigning Case
Tue 04/01 3:43 PM
CASE REASSIGNED Pursuant to 27 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. Case randomly reassigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Susan Prose. All future pleadings should be designated as 24-cv-03219-GPG. (Text Only Entry) (ccuen, ) |
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| 27 | 27
motion
Report and Recommendations
Tue 04/01 2:10 PM
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Susan Prose on April 1, 2025. This matter is before the court on Plaintiff's8 Emergency Motion for Preliminary Injunction,9 Supplemental Motion,10 Supplemental Motion, and22 First Motion to Expedite (collectively, "Motions") seeking injunctive relief. Pursuant to D.C.COLO.LCivR 40.1(c)(2)(a), a civil action in which a motion for injunctive relief is filed shall not be assigned directly to a Magistrate Judge. Accordingly, in light of Plaintiff's Motions, the Clerk of Court is directed to reassign this case to a District Judge. See ECF No. 11 in Nassardeen-Buckley v. U.S. Bank, Nat'l Ass'n as Tr. for Truman 2016 SC6 Title Tr. , No. 18-cv-2249-WJM-SKC (D. Colo.). Furthermore, the court respectfully RECOMMENDS that the Motions be denied without prejudice to refiling. To the extent that the Motions seek a preliminary injunction, any request for such relief must be denied because the defendants in this case have not been served and the Motions fail to indicate that the defendants were notified of the request for a preliminary injunction. See Fed.R.Civ.P. 65(a)(1) ("The court may issue a preliminary injunction only on notice to the adverse party."). To the extent the Motions seek a temporary restraining order, any such request must be denied because Plaintiff has not presented the documentation required by the rule to excuse notice. Davis v. Corr. Corp. of Am. , No. CIV 13-1174 HE, 2014 WL 4716332, at *1 n.3 (W.D. Okla. July 30, 2014), recommendation adopted , 2014 WL 4716209 (W.D. Okla. Sept. 22, 2014) (citing Fed.R.Civ.P. 65(b)(1) (requiring movant for ex parte temporary restraining order to present certain documents showing (1) "that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition," and (2) "any efforts made to give notice and the reasons why it should not be required")); see also Kay v. Bemis , 500 F.3d 1214, 1218 (10th Cir. 2007) . Any objections to this Recommendation are due no later than April 15, 2025 . Text Only Entry (sbplc4) |
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| Friday, February 28, 2025 | ||
| 26 | 26
misc
Letter
Fri 02/28 11:07 AM
Letter from Clerk of Court re: Service of Process1 Complaint. (ccuen, ) |
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Att: 1
Copy of Summons issued at ECF
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Att: 19
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Att: 2
F.R.Civ. P Rule 4,
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Att: 3
Copy of Magistrate Judge issued at ECF
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Att: 25
Consent Form
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| Wednesday, February 26, 2025 | ||
| 25 | 25
misc
Magistrate Judge Consent Form
Wed 02/26 10:19 AM
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (pklin, ) |
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| 24 | 24
misc
Letter Reassigning Case
Wed 02/26 10:17 AM
CASE REASSIGNED Pursuant to23 Order. This case has been randomly reassigned to Magistrate Judge Susan B. Prose for all further proceedings. All future pleadings should be designated as 24-cv-03219-SBP . (Text Only Entry). (pklin, ) |
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| 23 | 23
2
pgs
order
Order on Motion to Compel Order on Report and Recommendations
Wed 02/26 10:11 AM
ORDER by Judge Lewis T. Babcock on 02/26/2025. ORDERED that the Recommendation of United States Magistrate Judge (ECF No. (18)) is ACCEPTED and ADOPTED. FURTHER ORDERED that the 42 U.S.C. § 1983 claims asserted in the amended Complaint (ECF No. 11, 11-3) against the Colorado Department of Revenue, DMV, are DISMISSED WITHOUT PREJUDICE. FURTHER ORDERED that the claim asserted against the Colorado Department of Revenue, DMV, for violation of the Drivers Privacy Protection Act (DPPA), 18 U.S.C. § 2721(a), is DISMISSED WITHOUT PREJUDICE. FURTHER ORDERED that the Colorado Department of Revenue, DMV, is DISMISSED as a party to this action. FURTHER ORDERED that the claims based on alleged violations of 18 U.S.C. §§ 241 and 242 are DISMISSED WITHOUT PREJUDICE. FURTHER ORDERED that the § 1983 and DPPA claims asserted against Defendants City and County of Denver, Jose Torres Barajas, Michael Joyce, Dickensheets and Associates, Inc., and Cory Amundson, are DRAWN to a presiding judge and, if applicable, to a magistrate judge pursuant to D.C.COLO.LCivR 40.1(a). FURTHER ORDERED that the Motion to Compel Disclosure of Buyer Information (ECF No. (13)) is DENIED WITHOUT PREJUDICE as premature. (pklin, ) |
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| Friday, February 21, 2025 | ||
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motion
Expedite
Fri 02/21 11:27 AM
First MOTION to Expedite RULING ON EMERGENCY MOTION FOR INJUNCTIVE RELIEF by Plaintiff Justin Grunewald. (Grunewald, Justin) |
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| Tuesday, February 11, 2025 | ||
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pgs
order
Order on Motion to Quash
Tue 02/11 9:13 AM
MINUTE ORDER by Magistrate Judge Richard T. Gurley on 02/11/2025. On February 7, 2025, the clerk of the court issued five summonses in this action. (See ECF No.19 ). Plaintiff is proceeding pro se. The action is pending initial review pursuant to D.C.COLO.LCivR 8.1(a). Any attempt to initiate service of process on a Defendant at this time, before initial review has been completed and the case is reassigned to a presiding judge, is premature and is quashed . Accordingly, the Motion to Quash Service of Summons and Complaint filed by Defendant Dickensheet and Associates, Inc. (ECF No.20 ) on February 10, 2025, is denied as unnecessary. (pklin, ) |
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| Monday, February 10, 2025 | ||
| 20 | 20
motion
Quash
Mon 02/10 10:16 AM
MOTION to Quash Service of Summons and Complaint by Defendant Dickensheets & Associates, Inc. (pklin, ) |
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| Friday, February 07, 2025 | ||
| 19 | 19
misc
Summons Issued
Fri 02/07 2:36 PM
SUMMONSES issued by Clerk, over the counter. (pklin, ) |
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| Monday, February 03, 2025 | ||
| 18 | 18
motion
Report and Recommendations
Mon 02/03 9:27 AM
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re11 Amended Complaint, filed by Justin Grunewald, by Magistrate Judge Richard T. Gurley on 02/03/2025. (Objections to R&R due by 2/18/2025.) (pklin, ) |
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| Friday, January 31, 2025 | ||
| 17 | 17
2
pgs
order
Order Referring Case to Magistrate Judge
Fri 01/31 9:39 AM
ORDER OF REFERENCE TO UNITED STATES MAGISTRATE JUDGE by Judge Lewis T. Babcock on 01/31/2025. Pursuant to 28 U.S.C. § 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1, United States Magistrate Judge Richard T. Gurley is designated to conduct proceedings in this civil action. (All future pleadings should be designated as 24-cv-03219-LTB-RTG .) (pklin, ) |
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| Thursday, January 30, 2025 | ||
| 16 | 16
1
pgs
order
Order Reassigning Case
Thu 01/30 10:40 AM
MINUTE ORDER by Magistrate Judge Richard T. Gurley on 01/30/2025. Pursuant to D.C.COLO.LCivR 8.1, the Clerk of Court is directed to assign this matter to Senior Judge Lewis T. Babcock. The undersigned will remain as the assigned magistrate judge. (This case has been directly reassigned to Senior Judge Lewis T. Babcock and drawn to magistrate Judge Richard T. Gurley for all further proceedings. All future pleadings should be designated as 24-cv-03219-LTB .) (pklin, ) |
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| Thursday, January 02, 2025 | ||
| 15 | 15
misc
Payment Received
Thu 01/02 4:41 PM
PAYMENT RECEIVED from Justin Grunewald in the amount of $ 405.00; Receipt Number 112895; (efoga, ) |
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| 14 | 14
3
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Thu 01/02 9:35 AM
ORDER DENYING LEAVE TO PROCEED PURSUANT TO 28 U.S.C. § 1915 by Judge Lewis T. Babcock on 01/02/2025. ORDERED that the Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No.12 ) is DENIED. FURTHER ORDERED that the Motion to Proceed In Forma Pauperis (ECF No.2 ), filed on November 20, 2024, is denied. FURTHER ORDERED that Plaintiff shall pay the full amount of $402.00 ($350.00 filing fee, plus a $52.00 administrative fee) within thirty (30) days from the date of this order . If Plaintiff fails to pay the full amount of $402.00 within the time allowed, the Complaint and the action will be dismissed without prejudice and without further notice . (pklin, ) |
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| Tuesday, December 31, 2024 | ||
| 13 | 13
motion
Compel
Tue 12/31 1:15 PM
First MOTION to Compel Disclosure of Buyer Information by Plaintiff Justin Grunewald. (Grunewald, Justin) |
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| Monday, December 30, 2024 | ||
| 12 | 12
motion
Proceed In Forma Pauperis
Mon 12/30 11:41 AM
APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Long Form) , filed by Justin Grunewald.(Grunewald, Justin) Modified on 12/30/2024 to correct event type. (pklin, ) |
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cmp
Amended Complaint
Mon 12/30 10:03 AM
AMENDED COMPLAINT For Violations of Civil Rights and Due Process against City and County of Denver, The, Denver Sheriff Impound Lot, Michael Joyce, J. Torres, filed by Justin Grunewald.(Grunewald, Justin) |
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Att: 1
Names of Defendants,
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Att: 2
B. Defendants Information,
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Att: 3
D. Statement of Claims,
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Att: 4
E. Request for Relief,
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Att: 5
explanation of delay
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| Monday, December 09, 2024 | ||
| 10 | 10
motion
Supplement
Mon 12/09 9:10 AM
Supplemental MOTION to Supplement 8 Emergency Motion for Preliminary Injunction and Immediate Return of Property with Updated Damages and Legal Support by Plaintiff Justin Grunewald. (Grunewald, Justin) |
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| Tuesday, December 03, 2024 | ||
| 9 | 9
motion
Supplement
Tue 12/03 7:55 AM
Supplemental MOTION to Supplement8 Emergency MOTION for Preliminary Injunction and Immediate Return of Property Evidence of Default and Conversion by Plaintiff Justin Grunewald.(Grunewald, Justin) |
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Att: 1
True Bill oct 30 via email,
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Att: 2
Notice of Liability oct 30 via email,
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Att: 3
DefaultJoyce Dec 2 via email
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| Wednesday, November 27, 2024 | ||
| 8 | 8
motion
Preliminary Injunction
Wed 11/27 11:02 AM
Emergency MOTION for Preliminary Injunction and Immediate Return of Property by Plaintiff Justin Grunewald.(Grunewald, Justin) |
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Att: 1
c&d,
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Att: 2
notice,
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Att: 3
loanagree,
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Att: 4
lienrelease,
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Att: 5
UCC-1,
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Att: 6
UCC-1 (2)
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| Thursday, November 21, 2024 | ||
| 7 | 7
6
pgs
order
Order on Motion to Stay Order on Motion for TRO
Thu 11/21 10:57 AM
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES AND DENYING MOTION FOR TRO/PRELIMINARY INJUNCTION by Judge Lewis T. Babcock on 11/21/2024. ORDERED that Plaintiff shall cure the designated deficiencies within thirty (30) days from the date of this order . If Plaintiff fails to cure the designated deficiencies within thirty (30) days from the date of this Order, the action will be dismissed without further notice. The dismissal shall be without prejudice. FURTHER ORDERED that the Emergency Motion for Temporary Restraining Order ["TRO"] and Preliminary Injunction (ECF No.4 ), filed on November 20, 2024, is DENIED. FURTHER ORDERED that the Motion to Stay (ECF No.3 ), filed on November 20, 2024, is DENIED. (pklin, ) |
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| Wednesday, November 20, 2024 | ||
| 6 | 6
misc
Pro Se E-Filing Privileges Granted
Wed 11/20 4:25 PM
NOTICE OF PRO SE E-FILING PRIVILEGES: Plaintiff, Justin Grunewald, sought and received e-filing privileges on 11/20/2024. All further service will be effectuated electronically via CM/ECF to the email address of record. (Text Only Entry) (lrobe) |
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| 5 | 5
misc
Case Assigned to Judge
Wed 11/20 10:28 AM
Case assigned to Magistrate Judge Richard T. Gurley. Text Only Entry. (agryan) |
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| 4 | 4
motion
Temporary Restraining Order
Wed 11/20 10:22 AM
EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Justin Grunewald. (agryan) |
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| 3 | 3
motion
Stay
Wed 11/20 10:21 AM
MOTION for Stay by Plaintiff Justin Grunewald. (agryan) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Wed 11/20 10:19 AM
Motion to Proceed In Forma Pauperis. by Plaintiff Justin Grunewald. (agryan) |
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| 1 | 1
cmp
Complaint
Wed 11/20 10:17 AM
CIVIL LAWSUIT COMPLAINT against City and County of Denver, The, Denver Sheriff Impound Lot, Michael Joyce, J. Torres, filed by Justin Grunewald.(agryan) |
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