Fortner et al v. USA et al

Filing 511

ORDER: 501 Motion for Withdrawal as Counsel is GRANTED. 506 Motion for Use of NCIC and CCIC Criminal Data as Trial Exhibits is DENIED WITHOUT PREJUDICE. by Magistrate Judge Boyd N. Boland on 10/15/12. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 06-cv-02148-BNB-MEH
DARRELL FORTNER, and
JENNIFER FORTNER, d/b/a Diamond/Dundee Tree Service,
Plaintiffs,
v.
KATHY YOUNG, individually and in her official capacity as City Clerk of C/S,
DARREL PEARSON, individually and in his official capacity as City Forrester of C/S,
JAMES A. CHOATE, in his individual capacity as Sergeant for El Paso County Sheriff’s Office,
TERRY MAKETA, in his individual capacity as Sheriff of El Paso County, Colorado, and
JAMES E. MCGANNON, individually and in his official capacity as City Forrester for the City
of Colorado Springs, CO,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on two motions:
(1) Motion for Withdrawal of Counsel [Doc. #501, filed 09/12/2012] by Kenny
Hodges of the Office of the City Attorney of Colorado Springs; and
(2) County Defendants’ Motion for Use of NCIC and CCIC Criminal Data as Trial
Exhibits [Doc. #506, filed 10/05/2012].
The Motion for Withdrawal of Counsel [Doc. # 501] is GRANTED. Shane White shall
remain as counsel for defendants Young, Pearson, and McGannon.
The County Defendants' Motion for Use of NCIC and CCIC Criminal Data as Trial
Exhibits [Doc. # 506] is DENIED WITHOUT PREJUDICE. The County Defendants may raise
the issue at trial if necessary.

Dated October 15, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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