Ind v. Colorado Department of Corrections et al

Filing 265

ORDER granting 264 Stipulated Motion to Dismiss claim 5. by Judge William J. Martinez on 1/3/2014.(trlee, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Civil Action No. 09-cv-0537-WJM-KLM JACOB IND, Plaintiff, v. COLORADO DEPARTMENT OF CORRECTIONS, MARY NELL MCCORMICK, and UNKNOWN EMPLOYEES OF CSP AND CDOC, Defendants. _____________________________________________________________________ ORDER GRANTING STIPULATED MOTION TO DISMISS CLAIM 5 _____________________________________________________________________ This matter comes before the Court on the Parties’ Stipulated Motion to Dismiss Claim 5, filed January 2, 2014 (ECF No. 264). The Court being fully advised hereby ORDERS as follows: The Parties’ Stipulated Motion is GRANTED. Claim 5 in Plaintiff’s Amended Complaint is hereby DISMISSED WITH PREJUDICE as provided in the Motion due to Defendant CDOC’s change in polices and the settlement agreement between the parties. The Court retains jurisdiction over the settlement agreement. Plaintiff’ has preserved the right to seek costs pursuant to 42 U.S.C. § 1988(b). Dated this 3rd day of January, 2014. BY THE COURT: __________________________ William J. Martínez United States District Judge 2

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