Herrera v. Colorado Department of Corrections et al

Filing 57

MINUTE ORDER granting 54 Plaintiff's Motion to Amend the Complaint and Request for an Extension of Time to Respond to Motion to Dismiss the Second Amended Complaint. The case caption shall be amended as set forth in the Minute Order. Plaintiff shall respond to 33 Defendants Motion to Dismiss on or before 07/16/2010, by Magistrate Judge Kristen L. Mix on 05/24/2010.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01229-MSK-KLM ROSENDO HERRERA, Plaintiff, v. BEVERLY DOWIS, Health Services Administrator, ARISTEDES ZAVARES, Executive Director, THEODORE LAURENCE, Physician's Assistant, PATTY L. BEECROFT, Physician and JOSEPH FORTUNATO, Physician, Defendants. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff's Motion to Amend the Complaint and Request for an Extension of Time to Respond to `Defendants Zavaras, Laurence, Fortunato and Dowis' Motion to Dismiss the Second Amended Complaint [Docket No. 54; Filed May 19, 2010] (the "Motion"). Pursuant to the Motion, Plaintiff seeks to amend the caption to reflect the full names of the Defendants and to correct any misspellings of their names. Accordingly, the Court interprets the Motion to be a request to amend the case caption, rather than a request to amend the Second Amended Complaint. Plaintiff also seeks an extension of time to respond to Defendants' Motion to Dismiss [Docket No. 33]. Although amendment of the case caption is unnecessary, IT IS HEREBY ORDERED that the Motion is GRANTED. The case caption shall be amended as set forth above. IT IS FURTHER ORDERED that Plaintiff shall respond to Defendants' Motion to Dismiss [#33] on or before July 16, 2010. Dated: May 24, 2010