Nasious v. Mueller et al

Filing 205

ORDER. Defendants CO Kenneth Lefever, Major Johnson, Lt. ShaneMcMahills Motion for Clarification of Order Concerning Recommendation ofUnited States Magistrate Judge [Doc. No. 201] 203 filed 6/30/2011, isGRANTED. Defendants, CO Kenneth Lefever, Major Johnson, and Lt. ShaneMcMahill, all in their individual and official capacities, are DROPPED as named parties from this action, and the case caption is AMENDED accordingly. By Judge Robert E. Blackburn on 7/6/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 09-cv-01051-REB-KMT
JOHN NASIOUS,
Plaintiff,
v.
CO KENNETH LEFEVER, Colorado Dept. of Corrections
MAJOR JOHNSON, Colorado Dept. of Corrections
LT. SHANE MCMAHILL, Colorado Dept. of Corrections
CATHIE HOLST, Manager of Correctional Legal Services,
ADA Coordinator, AIC CDOC,
ADRIENNE JACOBSON, Legal Assistant AIC/ADA Coordinator CDOC,
Defendants

ORDER GRANTING DEFENDANTS’ MOTION FOR CLARIFICATION
Blackburn, J.
The matter before me is Defendants CO Kenneth Lefever, Major Johnson, Lt.
Shane McMahill’s Motion for Clarification of Order Concerning Recommendation
of United States Magistrate Judge [Doc. No. 201] [#203]1 filed June 30, 2011. I grant
the motion.
Defendants point out an apparent clerical error in my Order Concerning
Recommendation of United States Magistrate Judge [#201] filed June 29, 2011. In
essence, although I granted defendants’ motion for summary judgment (see id. ¶ 3 at
9), their names were not included in the caption of the document or in the portion of the

1

“[#203]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

order dismissing various named defendants as parties to the action (id. ¶ 13 at 11).
Because it was my intention to dismiss these defendants from the action, I find and
conclude that the motion should be granted.
THEREFORE, IT IS ORDERED as follows:
1. That Defendants CO Kenneth Lefever, Major Johnson, Lt. Shane
McMahill’s Motion for Clarification of Order Concerning Recommendation of
United States Magistrate Judge [Doc. No. 201] [#203] filed June 30, 2011, is
GRANTED; and
2. That defendants, CO Kenneth Lefever, Major Johnson, and Lt. Shane
McMahill, all in their individual and official capacities, are DROPPED as named parties
from this action, and the case caption is AMENDED accordingly.
Dated July 6, 2011, at Denver, Colorado.
BY THE COURT:

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