Gibson v. Moschetti

Colorado District Court
Judge:	Marcia S Krieger
Case #:	1:16-cv-00530
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	28:1983 Civil Rights

Case Filed:	Mar 03, 2016
Terminated:	Nov 16, 2016

Last checked: Tuesday Aug 30, 2016 3:37 AM MDT

Defendant Frank A. Moschetti	Represented By Grant T. Sullivan Colorado Attorney General'S Office contact info
Plaintiff Michael Gibson P.O. Box 7375 Denver, CO 80207

Docket last updated: 7 hours ago

Friday, December 30, 2016
45		45 1 pgs appeal USCA Mandate Fri 12/30 3:01 PM MANDATE of USCA as to41 Notice of Appeal filed by Michael Gibson (USCA Case No. 16-1479 (dkals, ) Related: [-]
44		44 appeal USCA Order/Opinion/Judgment Fri 12/30 3:00 PM USCA Order as to41 Notice of Appeal filed by Michael Gibson (USCA Case No. 16-1479 (This document is not the Mandate) (dkals, ) Related: [-]
Monday, December 12, 2016
43		43 appeal USCA Case Number Tue 12/13 9:22 AM USCA Case Number 16-1479 for41 Notice of Appeal filed by Michael Gibson. (dkals, ) Related: [-]
42		42 appeal Letter Transmitting Notice of Appeal Mon 12/12 3:26 PM LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the41 Notice of Appeal filed by Michael Gibson to the U.S. Court of Appeals. (Pro Se, Fee not paid and 1915 motion not filed,)(dkals, ) Related: [-]
		Att: 1 Preliminary Record
41		41 appeal Notice of Appeal Mon 12/12 3:23 PM NOTICE OF APPEAL as to40 Judgment, 39 Order by Plaintiff Michael Gibson. (dkals, ) Related: [-]
Wednesday, November 16, 2016
40		40 2 pgs order Judgment - Clerk Wed 11/16 8:41 AM JUDGMENT in favor of Frank A. Moschetti against Michael Gibson re: 39 Order on Motion to Dismiss; Order on Report and Recommendations by Clerk on 11/16/16. (pglov) Related: [-]
Wednesday, November 09, 2016
39		39 order Order on Motion to Dismiss Order on Report and Recommendations Wed 11/09 2:52 PM ORDER adopting Report and Recommendation35 and granting21 Motion to Dismiss.This matter is before the Court on the Recommendation35 that the Defendants Motion to Dismiss [21} be granted. An Objection36 was timely filed, as was a Supplemental Objection37 and a Response38 . The Plaintiff appears pro se and thus the Court construes his pleadings liberally in accordance with Haines v. Kerner, 404 U.S. 519 (1972). The Court considers the matter de novo, but notes that a single issue is dispositive.It is undisputed that this action arises out of a proceeding to determine child custody and parenting time currently pending in Colorados 18th Judicial District. The Defendant is the magistrate judge presiding in the matter. The Plaintiff complains of certain orders entered by the Defendant. He has also appealed from some orders and the appeals are pending. The Plaintiff asks this court to enjoin the Defendant (or more properly, the state court) from entering and enforcing the orders to which the Plaintiff contends are unconstitutional. Although the Court has subject matter jurisdiction to consider claims brought under 42 USC 1983, is must abstain from doing so if three factors are satisfied: 1) there is an ongoing state civil/criminal/ administrative proceeding; 2) the state court provides an adequate forum to hear the claims raised in the federal complaint, 3) the state proceeding involves important state interests, matters which look to state law for resolution or articulate state policies. Younger v. Harris, 401 U.S. 37 (1971). All three factors are present in this case. The Plaintiff is involved in a state court civil proceeding. He has not shown that state court (either trial or appellate) is an inadequate forum to hear his constitutional challenges to the state court rulings. There is no allegation in the complaint with regard to this issue, and since the filing of this action the Plaintiff has been afforded and has exercised his right to appeal in the state court system, which appeals are pending. Finally, both the Supreme Court and the 10th Circuit Court of Appeals have long held that the whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the States and not to the laws of the United States. Ankenbrandt v. Richards, 504 U.S. 689 (1992); Chapman v. Oklahoma, 472 F3d 747, (10th Cir. 2006). The nature of the state action also falls within the limited scope of exceptional cases detailed in Sprint Commcns Inc. v. Jacobs, ___U.S. ___, 134 S.Ct. 584 (2013). Federal trial courts, being courts of limited jurisdiction, ordinarily are not empowered to supervise or consider appeals from decisions of state courts. The injunctive relief sought by the Plaintiff would impermissibly interfere with the ability of the state court to perform its function, and no exceptional circumstances that cannot be addressed by appeal through the state court system have been shown.Accordingly, the Court overrules the Plaintiffs objection, adopts the Recommendation, abstains from hearing this matter and dismisses it. The Clerk shall close this case. by Chief Judge Marcia S. Krieger on 11/9/2016. Text Only Entry(msk, ) Related: [-]
Wednesday, October 19, 2016
38		38 14 pgs respm Response to Objection to Report and Recommendation Wed 10/19 9:50 AM RESPONSE to Objection to35 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re21 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Frank A. Moschetti filed by Defendant Frank A. Moschetti.(Sullivan, Grant) Related: [-]
		Att: 1 Exhibit A
Thursday, October 06, 2016
37		37 respoth Objection to Report and Recommendations Tue 10/11 9:15 AM Supplemental OBJECTION to35 Report and Recommendations filed by Plaintiff Michael Gibson. (dkals, ) Related: [-]
Wednesday, October 05, 2016
36		36 respoth Objection to Report and Recommendations Wed 10/05 4:27 PM OBJECTION to35 Report and Recommendations filed by Plaintiff Michael Gibson. (dkals, ) Related: [-]
Thursday, September 22, 2016
35		35 motion Report and Recommendations Thu 09/22 11:23 AM RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re granting21 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Frank A. Moschetti, by Magistrate Judge Michael E. Hegarty on 9/22/2016. (slibi, ) Related: [-]
Monday, September 12, 2016
34		34 respm Reply to Response to Motion Wed 09/14 8:45 AM REPLY to Response to32 MOTION for Temporary Restraining Order filed by Plaintiff Michael Gibson. (dkals, ) Related: [-]
Thursday, September 08, 2016
33		33 respm Response to Motion Thu 09/08 2:19 PM RESPONSE to32 MOTION for Temporary Restraining Order filed by Defendant Frank A. Moschetti.(Sullivan, Grant) Related: [-]
		Att: 1 Exhibit Exhibit A to Response to Mot for TRO
Tuesday, September 06, 2016
32		32 motion Temporary Restraining Order Tue 09/06 4:08 PM MOTION for Temporary Restraining Order by Plaintiff Michael Gibson.(cthom, ) Related: [-]
		Att: 1 Proposed Order (PDF Only)
Thursday, July 14, 2016
31		31 misc Certificate of Service Thu 07/14 11:56 AM CERTIFICATE of Service by Mail by Clerk of Court re30 Courtroom Minutes/Minute Order, to Michael Gibson, P.O. Box 7375, Denver, CO 80207. Text Only Entry. (mdave, ) Related: [-]
30		30 minutes Motion Hearing Status Conference Thu 07/14 11:54 AM COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 7/14/2016, Status Conference held on 7/14/2016. FTR: Courtroom A501. (mdave, ) Related: [-]
Tuesday, July 12, 2016
29		29 respm Brief in Support of Motion Tue 07/12 12:11 PM BRIEF in Support of21 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Defendant Frank A. Moschetti.(Sullivan, Grant) Related: [-]
		Att: 1 Exhibit R,
		Att: 2 Exhibit S,
		Att: 3 Exhibit T
Tuesday, July 05, 2016
28		28 respm Response to Motion Tue 07/05 3:54 PM [RESPONSE to]21 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Plaintiff Michael Gibson. (dkals, ) Related: [-]
Monday, June 20, 2016
27		27 order Minute Order Mon 06/20 1:17 PM MINUTE ORDER: Plaintiff shall file a response to21 Defendant's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) on or before 7/8/2016. Entered by Magistrate Judge Michael E. Hegarty on 6/20/2016. (cpear) Related: [-]
Wednesday, June 15, 2016
26		26 order Order Wed 06/15 3:17 PM ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Chief Judge Marcia S. Krieger on 6/15/16. Text Only Entry (pglov) Related: [-]
25		25 order Memorandum Wed 06/15 2:54 PM MEMORANDUM regarding21 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Frank A. Moschetti. Motions referred to Magistrate Judge Michael E. Hegarty by Chief Judge Marcia S. Krieger on 6/15/16. Text Only Entry (msksec, ) Related: [-]
24		24 order Order Referring Case to Magistrate Judge Wed 06/15 1:42 PM ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty: IT IS ORDERED that pursuant to 28 U.S.C. � 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1)Convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;(2)ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. Early Neutral Evaluation is approved. On the informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in a settlement conference conducted by the magistrate judge if the parties have engaged in an Early Neutral Evaluation and are unable to afford or otherwise attain private settlement assistance;(3)Hear and determine referred matters in accordance with 28 U.S.C. � 636(b)(1)(A) and (B). by Chief Judge Marcia S. Krieger on 6/15/16. Text Only Entry (msksec, ) Related: [-]
Tuesday, June 14, 2016
23		23 misc Letter Reassigning Case Tue 06/14 12:40 PM CASE REASSIGNED pursuant to22 Minute Order. All parties do not consent. This case is reassigned to Chief Judge Marcia S. Krieger. All future pleadings should be designated as 16-cv-00530-MSK. (Text Only Entry) (slibi, ) Related: [-]
22		22 order Minute Order Tue 06/14 12:38 PM MINUTE ORDER REASSIGNING CASE pursuant to D.C. Colo. LCivR40.1(a), by Magistrate Judge Michael E. Hegarty on 6/14/2016. (slibi, ) Related: [-]
Monday, June 13, 2016
21		21 28 pgs motion Dismiss Mon 06/13 4:08 PM MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by Defendant Frank A. Moschetti.(Sullivan, Grant) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Exhibit D,
		Att: 5 Exhibit E,
		Att: 6 Exhibit F,
		Att: 7 Exhibit G,
		Att: 8 Exhibit H,
		Att: 9 Exhibit I,
		Att: 10 Exhibit J,
		Att: 11 Exhibit K,
		Att: 12 Exhibit L,
		Att: 13 Exhibit M,
		Att: 14 Exhibit N,
		Att: 15 Exhibit O,
		Att: 16 Exhibit P,
		Att: 17 Exhibit Q
Wednesday, May 04, 2016
20		20 misc Certificate of Service Wed 05/04 10:51 AM CERTIFICATE of Service by Mail by Clerk of Court re18 Courtroom Minutes/Minute Entry to Michael Gibson, P.O. Box 7375, Denver, CO 80207. Text Only Entry. (mdave, ) Related: [-]
19		19 misc Consent to Jurisdiction of Magistrate Judge Wed 05/04 10:45 AM CONSENT/NON-CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Michael Gibson and Defendant Frank A. Moschetti All parties do not consent. (mdave, ) Related: [-]
18		18 minutes Status Conference ~Util - Set/Reset Hearings Wed 05/04 10:43 AM COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 5/4/2016. Set/Reset Hearings: Status Conference and any oral argument regarding a Motion to Dismiss (to be filed) is set for 7/14/2016 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. FTR: Courtroom A501. (mdave, ) Related: [-]
17		17 misc Certificate of Service Wed 05/04 10:18 AM CERTIFICATE of Service of hand delivery by Clerk of Court re4 Consent Form, and16 Minute Order to Michael Gibson at Status Conference. Text Only Entry. (mdave, ) Related: [-]
Tuesday, May 03, 2016
16		16 order Order Tue 05/03 10:23 AM MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 05/03/2016. Consent Form due by 5/13/2016. (mdave, ) Related: [-]
Monday, May 02, 2016
15		15 notice Notice of Entry of Appearance Mon 05/02 2:50 PM NOTICE of Entry of Appearance by Grant T. Sullivan on behalf of All Defendants Attorney Grant T. Sullivan added to party Frank A. Moschetti(pty:dft) (Sullivan, Grant) Related: [-]
Wednesday, April 20, 2016
14		14 order Order on Motion to Continue Wed 04/20 4:00 PM MINUTE ORDER granting in part and denying in part12 Motion to Reschedule [sic] Order Hearing, by Magistrate Judge Michael E. Hegarty on 4/20/2016. Scheduling Conference set for 5/4/2016 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty is converted to a Status Conference . (slibi, ) Related: [-]
Tuesday, April 19, 2016
13		13 service Waiver of Return of Service - Executed - Complaint Wed 04/20 3:56 PM WAIVER OF SERVICE Returned Executed. Frank A. Moschetti waiver sent on 4/18/2016, answer due 6/17/2016. (slibi, ) Related: [-]
12		12 motion Continue Wed 04/20 8:56 AM MOTION to Reschedule Schedule Order Hearing, by Plaintiff Michael Gibson. (slibi, ) Related: [-]
Wednesday, March 30, 2016
11		11 order Minute Order Wed 03/30 2:02 PM MINUTE ORDER Setting Scheduling Conference for 5/4/2016 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 3/30/2016. (slibi, ) Related: [-]
Monday, March 28, 2016
10		10 misc Certificate of Mailing/Service Mon 03/28 4:10 PM CERTIFICATE of Mailing/Service to re9 Magistrate Judge Consent Form. Mailed to: Michael Gibson, P.O. Box 7375, Denver, CO 80207. (rkeec) Related: [-]
9		9 misc Magistrate Judge Consent Form Mon 03/28 4:08 PM Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rkeec) Related: [-]
8		8 misc Letter Reassigning Case Mon 03/28 4:07 PM CASE REASSIGNED pursuant to6 Memorandum Returning Case. This case is reassigned to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 16-cv-00530-MEH. (Text Only Entry) (rkeec) Related: [-]
7		7 misc Certificate of Mailing/Service Mon 03/28 3:56 PM CERTIFICATE of Mailing/Service re6 Memorandum Returning Case. Mailed to Michael Gibson; P.O. Box 7375; Denver, CO 80207. (rkeec) Related: [-]
6		6 1 pgs misc Memorandum Returning Case Mon 03/28 3:53 PM MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec) Related: [-]
Monday, March 21, 2016
5		5 service Affidavit/Return of Service - Executed - Complaint Tue 03/22 12:23 PM SUMMONS Returned Executed by Michael Gibson. Frank A. Moschetti served on 3/7/2016, answer due 3/28/2016. (evana, ) Related: [-]
Thursday, March 03, 2016
4		4 misc Magistrate Judge Consent Form Fri 03/04 3:10 PM Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (amenz, ) Related: [-]
3		3 misc Summons Issued Fri 03/04 3:09 PM SUMMONS issued by Clerk over-the-counter in the Clerk's office. (amenz, ) Related: [-]
2		2 misc Case Assigned to Judge Fri 03/04 2:57 PM Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry (amenz, ) Related: [-]
1		1 10 pgs cmp Complaint Fri 03/04 2:34 PM COMPLAINT against Frank A. Moschetti Filing Fee: $400.00 Receipt Number:73339, filed by Michael Gibson.(amenz, ) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B-D

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