Marotta v. Cortez et al

Filing 83

ORDER re: 81 Order on Appeal of Magistrate Judge Decision to District Court, the Court hereby ORDERS that this Courts Order Affirming Magistrate Judges March 26, 2009 Order is VACATED. by Judge Christine M. Arguello on 5/26/09. (erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 08-cv-02421-CMA-CBS MICHAEL P. MAROTTA, Plaintiff, v. CORTEZ, individually and in his official capacity as a Denver Police Officer, BLACK, individually and in her official capacity as a Denver Police Officer, ROCCO-MCKEEL, individually and in his official capacity as a Denver Police Officer, THE DENVER POLICE DEPARTMENT, THE CITY AND COUNTY OF DENVER, and PATRICK SORAN, a private individual, Defendants. ORDER VACATING PREVIOUS ORDER This matter is before the Court sua sponte. Upon review of the file, the Court hereby ORDERS that this Court's Order Affirming Magistrate Judge's March 26, 2009 Order (Doc. # 81) is VACATED. DATED: May 26 , 2009 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge