Winfield v. Denver Police Department et al

Filing 63

ORDER Dismissing Plaintiff's Fifth Claim for Relief alleging assault and battery re: 61 Motion to Dismiss, signed by Judge Richard P. Matsch on 2/16/2010.(rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 08-cv-02405-RPM ERIC WINFIELD, Plaintiff, v. THE CITY AND COUNTY OF DENVER, DENVER POLICE DEPARTMENT OFFICERS ANTONIO MILOW, GLEN MARTIN and THOMAS JOHNSTON, Defendants. _____________________________________________________________________ ORDER DISMISSING PLAINTIFF'S FIFTH CLAIM FOR RELIEF _____________________________________________________________________ Upon consideration of Plaintiff's Amended Unopposed Motion to Dismiss Plaintiff's Fifth Claim for Relief (Assault and Battery) in Plaintiff's Third Amended Complaint [61], it is ORDERED that plaintiff's fifth claim for relief, alleging assault and battery, is dismissed. Dated: February 16th, 2010 BY THE COURT: s/Richard P. Matsch __________________________________ Richard P. Matsch, Senior District Judge

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