Wells v. Krebs et al

Filing 109

MINUTE ORDER. Plaintiffs Motion for Substitution of Parties as in Case of Death of Plaintiff 107 is DENIED. By Magistrate Judge Kathleen M. Tafoya on 10/08/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya Civil Action No. 10­cv­00023-LTB­KMT VINCENT E. WELLS, Plaintiff, v. STEPHEN R. KREBS, M.D., Medical Director, Physician health Partners, JOSEPH FORTUNATO, M.D., Sterling Correctional Facility, BARRY GOLDSMITH, M.D., Sterling Correctional Facility, PAULA FRANZ, M.D., Medical Director, Colorado Department of Corrections, JO ANNE STOCK, P.C., Sterling Correctional Facility, BEVERLY DOWIS, Health Service Administrator, and CHERYL SMITH, Clinical Chief of Operations, Colorado Department of Corrections, Defendants. MINUTE ORDER ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA "Plaintiff's Motion for Substitution of Parties as in Case of Death of Plaintiff" (Doc. No. 107, filed October 4, 2010) is DENIED. The court may not order substitution of Plaintiff until after Plaintiff dies and a proper motion for substitution has been made by the Plaintiff's successor or representative. Fed. R. Civ. P. 25(a)(1). Dated: October 8, 2010