Meyer v. Ferguson et al

Filing 88

MINUTE ORDER. Plaintiff's 86 Motion for Leave to File Amended Complaint construed as a supplement to Plaintiff's 11 Amended Complaint in accordance with this court's 74 recommendation and the District Court's 85 Order, is granted. Defendants shall file an answer or responsive pleading no later than 7/12/2011. By Magistrate Judge Kathleen M. Tafoya on 6/28/11.(mnf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 10–cv–02302–PAB–KMT

JOHN M MEYER, JR.,
Plaintiff,
v.
MR. FERGUSON (individual capacity) Sgt. DRDC Infirmary,
MR. MEIGGS (individual capacity) Intack Srt. CTCF,
JOHN DOE 1 (individual and official capacity) Correctional Officer CH4,
JOHN DOE 2 (individual and official capacity) C/O CTCF Reception, and
DR. DARROW (individual and official capacity) Medical Doctor CTCF, and
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
This matter is before the court on Plaintiff’s “Motion for Leave to File Amended Complaint.”
(Doc. No. 86, filed 6/24/2011.) On June 9, 2011, accepting this court’s recommendation, the
District Court granted in part Plaintiff’s previous Motion for Leave to File an Amended
Complaint (Doc. No. 51) and ordered Plaintiff to “file a second amended complaint containing
only the allegations exactly as they appear in Docket No. 51 ¶¶ 1 and 4.” (Doc. No. 85 at 3.)
Plaintiff’s current motion proffers the factual allegations contained in paragraphs 1 and 4 of
Docket No. 51, but is not a complete complaint; it does not include the allegations from the
original complaint that survived the Individual Defendants’ Motion to Dismiss or present
Plaintiff’s claims. Regardless, the Motion (Doc. No. 86) construed as a supplement to Plaintiff’s
Amended Complaint (Doc. No. 11) in accordance with this court’s recommendation (Doc. No.
74) and the District Court’s Order (Doc. No. 85), is GRANTED. Defendants shall file an answer
or responsive pleading no later than July 12, 2011.
Dated: June 28, 2011.