Cohen v. Longshore et al

Filing 58

ORDER granting 49 Plaintiff's Motion to Amend the Complaint by Magistrate Judge Craig B. Shaffer on 3/3/2011.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01169-LTB-CBS SOLOMON BEN-TOV COHEN, Plaintiff, v. JOHN P. LONGSHORE, Field Office Director U.S. Dept. Of Homeland Security/ICE, and CAROLYN VAN BARNEVELDT, Mail Clerk El Paso County Sheriff's Office, Colorado, Defendants.

ORDER

Magistrate Judge Craig B. Shaffer This civil action comes before the court on Plaintiff Mr. Cohen's "Motion to Amend Complaint" (filed January 19, 2011) (Doc. # 49). Pursuant to the Order of Reference dated January 12, 2011 (Doc. # 43) and the memorandum dated January 20, 2011 (Doc. # 50), this matter was referred to the Magistrate Judge. Defendants have not objected to Mr. Cohen's Motion. On December 17, 2011, the case was reinstated pursuant to the December 13, 2010 mandate of the United States Court of Appeals for the Tenth Circuit. (See Docs. # 39 and # 38). The Tenth Circuit concluded that the district court had erred in denying Mr. Cohen's previous tendered amendment to his pleading. Cohen v. Longshore, 621 F.3d 1311, 1318 (10th Cir. 2010). Accordingly, IT IS ORDERED that: 1. Plaintiff Mr. Cohen's "Motion to Amend Complaint" (filed January 19,

2011) (Doc. # 49) is GRANTED. 2. Mr. Cohen's tendered "Prisoner Complaint" (Doc. # 49-1) is hereby

accepted for filing as the Third Amended Complaint.

Dated at Denver, Colorado this 3rd day of March, 2011. BY THE COURT:

s/Craig B. Shaffer United States Magistrate Judge

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