Martinez (PS) v. Department of the Army
| Colorado District Court | |
| Judge: | Richard T Gurley |
| Case #: | 1:24-cv-02571 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 28:1331 Fed. Question: Employment Discrimination |
| Case Filed: | Sep 18, 2024 |
| Re-opened: | Feb 12, 2025 |
| Terminated: | Dec 30, 2024 |
| Case in other court: | United States Court of Appeals for the Federal Cir, 24-01866 |
| Last checked: Saturday Nov 02, 2024 4:47 AM MDT |
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Petitioner
Rudolph Martinez, Jr
1725 Wabash Avenue
Pueblo, CO 81004 |
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Respondent
Department of the Army
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| Docket last updated: 03/12/2025 11:59 PM MDT |
| Tuesday, February 18, 2025 | ||
| 33 | 33
appeal
Appeal Record Sent to USCA
Tue 02/18 9:12 AM
RECORD ON APPEAL to the U.S. Court of Appeals for the Tenth Circuit as to16 Notice of Appeal filed by Rudolph Martinez, Jr. Volume I - Pleadings; Filed by the 10th Circuit. (USCA Case No. 25-01039 . (ggill, ) |
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| Thursday, February 13, 2025 | ||
| 32 | 32
2
pgs
order
Order
Thu 02/13 10:03 AM
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY By Magistrate Judge Richard T. Gurley on 02/13/2025. FURTHER ORDERED that if Plaintiff fails to cure the designated deficiencywithin thirty (30) days from the date of this order the action may be dismissedwithout further notice. (ggill, ) |
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| Wednesday, February 12, 2025 | ||
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appeal
Appeal Record Sent to USCA
Wed 02/12 11:16 AM
TRANSMITTAL OF SUPPLEMENTAL RECORD ON APPEAL to the U.S. Court of Appeals for the Tenth Circuit as to16 Notice of Appeal filed by Rudolph Martinez, Jr. Volume I - Docket Sheet; Volume II - Order; (USCA Case No. 25-01039 . (ggill, ) |
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| 30 | 30
order
Order Reopening Case
Wed 02/12 10:59 AM
ORDER REOPENING CASE29 by Judge Lewis T. Babcock on 02/12/2025. (Text Only Entry) (ggill, ) |
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| 29 | 29
motion
Reopen Case Order on Motion for Order Order on Motion for Leave to Proceed In Forma Pauperis
Wed 02/12 10:42 AM
ORDER GRANTING MOTION TO RECONSIDER By Judge Lewis T. Babcock on 02/12/2025. Upon consideration of the motions to reconsider and the entire file, the Court finds that Petitioner's motions (ECF Nos.14 ,15 ) should be GRANTED, and the action reinstated. In addition, Petitioner will be granted leave to proceed in forma pauperis under28 U.S.C. § 1915 solely based on an inability to prepay fees or give security therefor. Thus, the Application to Proceed in District Court Without Prepaying Fees and Costs (Long Form) (ECF No.28 ) will be granted. FURTHER ORDERED that the Order of Dismissal (ECF No.10 ), the Amended Order of Dismissal (ECF No.12 ), and the Judgment (ECF No.11 ) entered in this action are VACATED. (ggill, ) |
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| Thursday, February 06, 2025 | ||
| 25 | 25
appeal
USCA Order
Thu 02/06 1:14 PM
ORDER of USCA as to16 Notice of Appeal filed by Rudolph Martinez, Jr. (USCA Case No. 25-1039 (ggill, ) |
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| Wednesday, February 05, 2025 | ||
| 24 | 24
appeal
USCA Appeal Fees
Wed 02/05 11:46 AM
USCA Appeal Fees received $605, receipt number 113216; Full Payment (USCA Case No. 25-1039 (sadhi, ) |
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| Tuesday, February 04, 2025 | ||
| 23 | 23
misc
Letter Reassigning Case
Tue 02/04 8:10 AM
CASE REASSIGNED. Case assigned to Judge Lewis T. Babcock. All future pleadings should be designated as 24-cv-02571-LTB. (Text Only Entry) (ggill, ) |
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| Monday, February 03, 2025 | ||
| 27 | 27
appeal
Letter Transmitting Notice of Appeal
Fri 02/07 8:48 AM
LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the26 Amended Notice of Appeal filed by Rudolph Martinez, Jr to the U.S. Court of Appeals. (Pro Se, IFP status on appeal denied in final order,)(ggill, ) |
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Att: 1
Docket Sheet,
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Att: 2
Preliminary Record,
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Att: 3
Envelope
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| 26 | 26
appeal
Amended Notice of Appeal
Fri 02/07 8:28 AM
Amended NOTICE OF APPEAL12 Order, By Petitioner Rudolph Martinez, Jr. (USCA Case No. 25-01039 (ggill, ) |
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Att: 1
Notice of Electronic Filing,
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Att: 2
Amended Order of Dismissal,
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Att: 3
Envelope
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| Friday, January 31, 2025 | ||
| 22 | 22
appeal
Letter Transmitting Notice of Appeal
Fri 01/31 2:15 PM
LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the21 Amended Notice of Appeal filed by Rudolph Martinez, Jr to the U.S. Court of Appeals. (Pro Se, IFP status on appeal denied in final order,)(ggill, ) |
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Att: 1
Docket Sheet,
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Att: 2
Preliminary Record
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| 21 | 21
appeal
Amended Notice of Appeal
Fri 01/31 2:08 PM
Amended NOTICE OF APPEAL12 Order, By Petitioner Rudolph Martinez, Jr. (USCA Case No. 25-1039 (ggill, ) |
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Att: 1
Exhibit,
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Att: 2
Envelope
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| 20 | 20
appeal
Notice of Appeal - 10th Circuit
Fri 01/31 1:58 PM
PLEASE DISREAGRD, ENTERED IN ERROR - NOTICE OF APPEAL as to12 Order, By Petitioner Rudolph Martinez, Jr.(ggill, ) |
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Att: 1
Exhibit,
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Att: 2
Envelope
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| 19 | 19
appeal
USCA Case Number
Fri 01/31 10:20 AM
USCA Case Number 25-1039 for16 Notice of Appeal filed by Rudolph Martinez, Jr. (ccuen, ) |
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| 18 | 18
misc
Exhibits
Fri 01/31 9:54 AM
Fax Sheet and exhibits in Support By Petitioner Rudolph Martinez, Jr. (ggill, ) |
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| 17 | 17
appeal
Letter Transmitting Notice of Appeal
Fri 01/31 9:21 AM
LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the16 Notice of Appeal filed by Rudolph Martinez, Jr to the U.S. Court of Appeals. (Pro Se, IFP status on appeal denied in final order,)(ggill, ) |
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Att: 1
Docket Sheet,
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Att: 2
Preliminary Record
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| Thursday, January 30, 2025 | ||
| 16 | 16
appeal
Notice of Appeal - 10th Circuit
Fri 01/31 8:32 AM
NOTICE OF APPEAL as to12 Order, By Petitioner Rudolph Martinez, Jr.(ggill, ) |
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Att: 1
Fax
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| Wednesday, January 29, 2025 | ||
| 15 | 15
28
pgs
motion
Order
Wed 01/29 3:04 PM
MOTION for a Rehearing By Petitioner Rudolph Martinez, Jr.(ggill, ) |
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Att: 1
Envelope
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| 14 | 14
30+
pgs
motion
Order
Wed 01/29 2:53 PM
MOTION for a Rehearing By Petitioner Rudolph Martinez, Jr.(ggill, ) |
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Att: 1
Envelope
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| Tuesday, January 28, 2025 | ||
| 13 | 13
misc
Letter
Tue 01/28 10:39 AM
Informal Petition to the Federal District Court of Colorado in response to a 30 day deadline from Mail date of 31 December 2025 From Rudolph Martinez, Jr. (ggill, ) |
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| Friday, January 24, 2025 | ||
| 12 | 12
3
pgs
order
Order
Fri 01/24 11:32 AM
AMENDED ORDER OF DISMISSAL By Judge Lewis T. Babcock on 01/24/2025. It is ORDERED that this action is DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for Petitioner's failure to comply with Court orders and failure to prosecute. FURTHER ORDERED that leave to proceed in forma pauperis on appeal isdenied for the purpose of appeal. If Petitioner files a notice of appeal, he must also pay the full $605 appellate filing fee or file a motion to proceed in forma pauperis in the United States Court of Appeals for the Tenth Circuit within thirty days. FURTHER ORDERED that all pending motions, including Petitioner's "Motion for Consideration to move this case to Federal Circuit Court and move this Hearing to a Criminal Proceedings (Attachment) for Criminal Acts Perpetrated by the US Army (Agency) in this case" [ECF No.6 ], are DENIED as moot. (ggill, ) |
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| Monday, December 30, 2024 | ||
| 11 | 11
order
Judgment - Clerk
Mon 12/30 9:40 AM
JUDGMENT by Clerk on 12/30/2024. Re: [ECF10 ] ORDER OF DISMISSAL. In favor of Department of the Army against Rudolph Martinez, Jr. (ggill, ) |
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| 10 | 10
3
pgs
order
Order on Motion for Reconsideration
Mon 12/30 9:33 AM
ORDER OF DISMISSAL By Judge Lewis T. Babcock on 12/30/2024. This action is DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for Petitioner's failure to comply with Court orders and failure to prosecute. FURTHER ORDERED that leave to proceed in forma pauperis on appeal is DENIED for the purpose of appeal. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438 (1962). If Petitioner files a notice of appeal, he must also pay the full $505 appellate filing fee or file a motion to proceed in forma pauperis in the United States Court of Appeals for the Tenth Circuit within thirty days in accordance with Fed. R. App. P. 24. It is FURTHER ORDERED that all pending motions, including Petitioner's "Motion for Consideration to move this case to Federal Circuit Court and move this Hearing to a Criminal Proceedings (Attachment) for Criminal Acts Perpetrated by the US Army (Agency) in this case" (ECF No.6 ], are DENIED as moot. (ggill, ) |
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| Monday, November 18, 2024 | ||
| 9 | 9
1
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis Order on Motion for Order
Tue 11/19 10:07 AM
Minute ORDER by Magistrate Judge Richard T. Gurley on 18 November 2024. To comply, Petitioner must submit an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) or pay the applicable filing fee on or before |
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| Friday, November 15, 2024 | ||
| 8 | 8
motion
Proceed In Forma Pauperis
Fri 11/15 1:39 PM
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Petitioner Rudolph Martinez, Jr. (cmadr, ) |
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| Thursday, October 31, 2024 | ||
| 7 | 7
8
pgs
motion
Order
Fri 11/01 8:21 AM
MOTION With Attachments Proving Attempt to Comply with the Court's Order to Cure and Request Forma Pauperis Long Forms to Cure by Petitioner Rudolph Martinez, Jr.(cmadr, ) |
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Att: 1
Duplicate
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| Wednesday, October 30, 2024 | ||
| 6 | 6
motion
Reconsideration
Thu 10/31 11:31 AM
MOTION for Reconsideration to Move this Case to Federal Circuit Court and Move this Hearing to a Criminal Proceeding (SIC) for Criminal Acts Perpetrated by the U.S. Army by Petitioner Rudolph Martinez, Jr. (cmadr, ) |
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| Wednesday, October 16, 2024 | ||
| 5 | 5
1
pgs
order
Order
Wed 10/16 3:36 PM
Minute ORDER by Magistrate Judge Richard T. Gurley on 16 October 2024. Mr. Martinez has not complied with the Court's order to cure, or the Local Civil Rules, because he did not file an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form). To proceed with this action, Petitioner must file an Application to Proceed in District Court Without Prepaying Fees or Costs ( Long Form ). Petitioner must cure this outstanding filing deficiency by November 15, 2024. This action will be dismissed without further notice if Petitioner fails to do so within the time allowed. (cmadr, ) |
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| Monday, September 30, 2024 | ||
| 4 | 4
motion
Proceed In Forma Pauperis
Tue 10/01 8:29 AM
Application to Proceed in District Court Without Prepaying Fees or Costs. by Petitioner Rudolph Martinez, Jr. (cmadr, ) |
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| Friday, September 20, 2024 | ||
| 3 | 3
3
pgs
order
Order
Fri 09/20 1:38 PM
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Richard T. Gurley on 20 September 2024. ORDERED that Plaintiff cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers that Plaintiff files in response to this order must include the civil action number on this order. It is FURTHER ORDERED that Plaintiff shall either pay the $405 filing fee in full or file an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form). The form and applicable instructions are available at www.cod.uscourts.gov. (cmadr, ) |
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| Tuesday, September 17, 2024 | ||
| 2 | 2
misc
Petition
Thu 09/19 2:52 PM
PETITION for Review/Notice of Appeal, by Petitioner Rudolph Martinez, Jr (angar, ) |
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Att: 1
Exhibit
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| 1 | 1
2
pgs
order
Order
Thu 09/19 2:47 PM
ORDER from UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT on 9/17/2024. this matter and all case fil-ings are transferred to the United States District Court for the District of Colorado pursuant to 28 U.S.C. § 1631. (angar, ) |
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Att: 1
Letter from UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT,
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Att: 2
Docket Sheet from the UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
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