Whitington v. Ortiz et al

Filing 179

ORDER. Mr. Whitington's Motion to Amend the Plaintiffs Prisoner Complaint 173 is GRANTED. Mr. Whitingtons Third Amended Complaint (doc. # 173-2) is accepted for filing as of the date of this Order. Defendants may answer or otherwise respond to the Third Amended Complaint on or before 05/15/2009. The deadline for amendment of the pleadings having expired on 04/30/2009 (see Courtroom Minutes/Minute Order 166 ), no further amendments will be permitted by Magistrate Judge Craig B. Shaffer on 05/05/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 06-cv-00759-LTB-CBS MICHAEL WHITINGTON, Plaintiff, v. DON LAWSON, AL ESTEP, SGT. HARDING, SGT. OLSEN, C/O BARNS, LT. JOHN CORDOVA, LT. ADELMAN, SGT. KAUFFMAN, LT. LUCERO-CANNON, SGT. HUFF, and ARISTEDES ZAVARAS, Defendants. ________________________________________________________________________ ORDER ________________________________________________________________________ Magistrate Judge Craig B. Shaffer This civil action comes before the court on Mr. Whitington's "Motion to Amend the Plaintiff's Prisoner Complaint" (filed May 1, 2009) (doc. # 173). Pursuant to the Order of Reference dated February 7, 2007 (doc. # 44) and the memorandum dated May 4, 2009 (doc. # 177), this matter was referred to the Magistrate Judge. The court has reviewed the matter, Defendants' Response (filed May 4, 2009) (doc. # 178), the entire case file, and the applicable law and is sufficiently advised in the premises. Defendants indicate that "they do not oppose Plaintiff's Motion to Amend provided Defendants can file a single responsive pleading to the latest Amended Complaint . . . within ten days . . . ." (See doc. # 178). Accordingly, IT IS ORDERED that: 1. Mr. Whitington's "Motion to Amend the Plaintiff's Prisoner Complaint" (filed May

1, 2009) (doc. # 173) is GRANTED. 2. Mr. Whitington's Third Amended Complaint (doc. # 173-2) is accepted for filing

as of the date of this Order.

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3.

Defendants may answer or otherwise respond to the Third Amended Complaint

on or before May 15, 2009. 4. The deadline for amendment of the pleadings having expired on April 30, 2009

(see Courtroom Minutes/Minute Order (doc. # 166)), no further amendments will be permitted. DATED at Denver, Colorado, this 5th day of May, 2009. BY THE COURT:

s/Craig B. Shaffer United States Magistrate Judge

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