Fleming v. No Defendants Named

Filing 151

ORDER re: 150 Amended Complaint filed by Michael Fleming. It is hereby clarified that in light of the stipulated dismissal of Defendant Espinoza, any and all claims that are alleged against Ms. Espinoza in the Second Amended Complaint are moot and Ms. Espinoza remains terminated from this civil action. Signed by Magistrate Judge Craig B Shaffer on 01/20/09. (wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00118-MSK-CBS MICHAEL WAYNE FLEMING, Plaintiff, v. MR. MOLLOY (individual capacity), Acting Denver County Deputy Sheriff, and MR. FLINK (individual capacity), Acting Denver County Deputy Sheriff, Defendants. ORDER Magistrate Judge Craig B. Shaffer This civil action came before the court on January 16, 2009 for a telephone status conference on Mr. Fleming's "Motion for Leave to File Second Amended Complaint" (filed October 23, 2008) (doc. # 138). Pursuant to the Order of Reference dated June 26, 2007 (doc. # 25) and the memorandum dated October 23, 2008 (doc. # 139), this matter was referred to the Magistrate Judge. On January 14, 2009, Defendant Espinoza was dismissed from this civil action pursuant to the parties' "Unopposed (Stipulated) Motion to Dismiss Ms. Espinoza with Prejudice." (See docs. # 147 and # 148). On January 16, 2009, the court accepted for filing Mr. Fleming's tendered Second Amended Complaint. (See docs. # 146-2, # 150). The court having reviewed the entire case file and being sufficiently advised in the premises, It is hereby clarified that in light of the stipulated dismissal of Defendant Espinoza, any and all claims that are alleged against Ms. Espinoza in the Second Amended Complaint (doc. # 150) are moot and Ms. Espinoza remains terminated from this civil action.

DATED at Denver, Colorado, this 20th day of January, 2009. BY THE COURT:

s/Craig B. Shaffer United States Magistrate Judge

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