Barringer v. Wackenhut Service, Inc. et al

Filing 77

ORDER Barringer's Motion to Withdraw Motion to Dismiss (doc. # 47) is GRANTED and this civil action is REINSTATED. Barringer's "Motion to Amend Defendant Name" (doc. # 24) is GRANTED. The caption is hereby amended to reflect that the named Defendant is WACKENHUT COMPANY. Barringer's "Motion for Order for Change of Defendant's Address"(doc. # 25) is GRANTED. Barringer's Motion to Withdraw Motion to Dismiss (doc. # 47), Barringer's Motion to Withdr aw the Plaintiff's Motion to Dismiss (doc. # 48) is DENIED as duplicative and moot. Barringer's Motion to Withdraw Motion to Dismiss(doc. # 47), denying as moot Barringer's 53 . Signed by Magistrate Judge Craig B Shaffer on 02/22/06. (rlp, )

Barringer v. Wackenhut Service, Inc. et al

Doc. 77

Case 1:05-cv-00576-PSF-CBS

Document 77

Filed 02/22/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 05-cv-00576-PSF-CBS DEREK W. BARRINGER, Plai nti ff, v. W ACKENHUT SERVICES, INC., and JOHN DOE OFFICER FOR WACKENHUT, Defendants. _____________________________________________________________________ ORDER GRANTING MOTION TO WITHDRAW MOTION TO DISMISS AND REINSTATING CIVIL ACTION _____________________________________________________________________ Magistrate Judge Craig B. Shaffer This civil action came before the court for a telephone status conference with Plaintiff Barringer on February 21, 2006 and on: (1) Barringer's " otion to Amend M Defendant Name"(filed November 3, 2005) (doc. # 24); (2) Barringer's " otion for M Order for Change of Defendant's Address"(filed November 3, 2005) (doc. # 25); (3) Barringer's Motion to Withdraw Motion to Dismiss (filed December 22, 2005) (doc. # 47); (4) Barringer's Motion to Withdraw the Plaintiff's Motion to Dismiss (filed December 22, 2005) (doc. # 48); and (5) Barringer's Motion to Set Aside Order of Dismissal (filed December 23, 2005) (doc. # 53). Pursuant to the Order of Reference dated October 25, 2005 (doc. # 13), the Amended Order of Reference dated November 2, 2005 (doc. # 22), and the memoranda dated December 22, 2005 (docs. # 51 and # 52) and December 23, 2005) (doc. # 54), these matters were referred to the Magistrate Judge. The court has reviewed Barringer's motions, the entire case file, and the 1

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Case 1:05-cv-00576-PSF-CBS

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Filed 02/22/2006

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applicable law and is sufficiently advised in the premises. On December 19, 2005, Barringer sought to voluntarily dismiss this civil action without prejudice. Barringer has since explained that he wished to voluntarily dismiss this civil action because he was unsure whether he could comply with the court's December 12, 2005 " rder Directing Plaintiff to Make Monthly Filing Fee Payment or to O Show Cause"(doc. # 40). Barringer now wishes to reinstate his lawsuit. Accordingly, IT IS ORDERED that: 1. Barringer's Motion to Withdraw Motion to Dismiss (filed December

22, 2005) (doc. # 47) is GRANTED and this civil action is REINSTATED. 2. Barringer's " otion to Amend Defendant Name"(filed November 3, M

2005) (doc. # 24) is GRANTED. The caption is hereby amended to reflect that the named Defendant is WACKENHUT COMPANY. 3. Barringer's " otion for Order for Change of Defendant's Address" M

(filed November 3, 2005) (doc. # 25) is GRANTED. The court's records shall be amended to reflect that Defendant Wackenhut Company's address is 4200 Wackenhut Drive, Palm Beach, Florida 33410. 4. In light of the granting, above, of Barringer's Motion to Withdraw Motion

to Dismiss (filed December 22, 2005) (doc. # 47), Barringer's Motion to Withdraw the Plaintiff's Motion to Dismiss (filed December 22, 2005) (doc. # 48) is DENIED as duplicative and moot. 5. In light of the granting, above, of Barringer's Motion to Withdraw Motion

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Case 1:05-cv-00576-PSF-CBS

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to Dismiss (filed December 22, 2005) (doc. # 47), Barringer's Motion to Set Aside Order of Dismissal (filed December 23, 2005) (doc. # 53) is DENIED as duplicative and moot. 6. The court will issue an order granting service by the U.S. Marshal

concurrent with this Order. DATED at Denver, Colorado, this 22nd day of February, 2006. BY THE COURT:

s/Craig B. Shaffer United States Magistrate Judge

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