Garcia et al v. Colorado Mental Health Institute at Pueblo et al

Filing 88

ORDER DISMISSING CERTAIN PARTIES: Granting 64 Defendants Colorado Mental Health Institute at Pueblo and the State of Colorado's Motion to Dismiss. Plaintiff's claims against these two parties are dismissed without prejudice. The caption shall be amended as set forth in this Order, by Judge Philip A. Brimmer on 11/24/09.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 09-cv-00359-PAB-KLM BONNIE GARCIA, individually and as personal representative of the estate of Joshua Garcia, Plaintiff, v. COLORADO MENTAL HEALTH INSTITUTE AT PUEBLO, THE STATE OF COLORADO, and JAMES SEWELL, M.D., individually, Defendants. _____________________________________________________________________ ORDER DISMISSING CERTAIN PARTIES _____________________________________________________________________ This case is before the Court on defendants Colorado Mental Health Institute at Pueblo and the State of Colorado's motion to dismiss [Docket No. 64] plaintiff's second amended complaint [Docket No. 55]. Defendants' motion raises a defense under Federal Rule of Civil Procedure 12(b)(1), arguing that this Court lacks subject-matter jurisdiction due to their sovereign immunity under the Eleventh Amendment of the United States Constitution. Plaintiff confesses the motion [Docket No. 71]. Therefore, it is ORDERED that defendants Colorado Mental Health Institute at Pueblo and the State of Colorado's motion to dismiss [Docket No. 64] is GRANTED. Plaintiff's claims against these two parties are dismissed without prejudice. It is further

ORDERED that the caption in this case shall be amended as follows: BONNIE GARCIA, individually and as personal representative of the estate of Joshua Garcia, Plaintiff, v. JAMES SEWELL, M.D., individually, Defendant.

DATED November 24, 2009. BY THE COURT:

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

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