Romero v. Zavares et al

Filing 41

ORDER: denying without prejudice 23 Motion to Dismiss; granting 33 plaintiffs Motion for Leave to File Second AmendedComplaint, by Magistrate Judge Boyd N. Boland on 7/13/10.(bnbcd, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 09-cv-02388-REB-BNB ANTHONY NATHANIEL ROMERO, Plaintiff, v. JAMES LANDER, M.A., L.P.C., Colorado Department of Corrections Sex Offender Treatment Program Coordinator, Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the plaintiff's Motion for Leave to File Second Amended Complaint [Doc. # 33, filed 6/28/2010] (the "Motion to Amend"). Also pending is the defendant's Motion to Dismiss [Doc. # 23, filed 4/1/2010]. I held a hearing on these matters this morning and made rulings on the record, which are incorporated here. In summary and for the reasons stated on the record: IT IS ORDERED that the Motion to Amend [Doc. # 33]is GRANTED. The Clerk of the Court is directed to accept for filing the Second Amended Complaint [Doc. # 33-1]. IT IS FURTHER ORDERED that the Motion to Dismiss [Doc. # 23] is DENIED WITHOUT PREJUDICE in view of the filing of the Second Amended Complaint.

Dated July 13, 2010. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

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