Argetsinger v. Ritter et al

Filing 90

ORDER vacating 81 Clerk's Judgment entered on September 30, 2009 and re-opening case. Clerk shall serve notice of this order to the Tenth Circuit Court of Appeals by means of electronic notice, by Judge Philip A. Brimmer on 10/21/09. (ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 08-cv-01990-PAB-KMT SHANE FLOYD ARGETSINGER, Plaintiff, v. BILL RITTER, JR., ARISTEDES W. ZAVARAS, WARDEN JIM ABBOTT, MAJOR LINDA MAIFIELD, CAPTAIN HOLDITCH, and LIEUTENANT HEIDENTHAL, Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ This matter is before the Court on Notice of Intent to Appeal by Plaintiff [Docket No. 85], wherein plaintiff complains that judgment entered on September 30, 2009 despite the fact that the Court's Order of September 29, 2009 [Docket No. 79] did not dismiss the entire case. The Court's September 29, 2009 Order accepted the Recommendation of United States Magistrate Judge [Docket No. 57] to grant defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) [Docket No. 43]. The effect of the Order was to dismiss all of plaintiff's claims against defendants Ritter and Zavaras. The Order also dismissed plaintiff's claims for compensatory relief against defendants Holditch, Heidenthal, Abbott, and Maifield in their individual capacities and dismissed plaintiff's damages claims against such defendants in their official capacities. However, as

plaintiff points out in his Notice of Intent to Appeal by Plaintiff, the September 29, 2009 Order did not dismiss plaintiff's claims for punitive damages or injunctive relief against defendants Holditch, Heidenthal, Abbott, and Maifield. Therefore, judgment incorrectly entered on September 30, 2009. It is ORDERED that the Clerk of the Court shall vacate the Judgment entered on September 30, 2009 and re-open this case. It is further ORDERED that the Clerk of the Court is directed to serve notice of this order to the Tenth Circuit Court of Appeals by means of electronic notice directed to [e-mail]. DATED October 21, 2009. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

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