Meadows v. Knight

Filing 30

ORDER denying without prejudice as moot 7 Motion to Dismiss. By Magistrate Judge Boyd N. Boland on 12/12/11.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 11-cv-00015-PAB-BNB
KENNITH MEADOWS,
Plaintiff,
v.
LIEUTENANT JUDY KNIGHT,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the defendant’s Motion to Dismiss [Doc. #7, filed 03/28/2011].
The plaintiff filed his Complaint on January 4, 2011. The Complaint asserts one claim
for violation of the plaintiff’s Eighth Amendment rights. The defendant filed a motion to
dismiss the claim on March 28, 2011, arguing that the Complaint fails to state a claim for relief.
On November 23, 2011, she filed a motion for summary judgment [Doc. #25], making the same
arguments as those in the motion to dismiss, but supported by evidence. As a matter of judicial
economy, the arguments will be addressed in connection with the defendant’s motion for
summary judgment.
IT IS ORDERED that the Motion to Dismiss [Doc. #7] is DENIED without prejudice as
moot.

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Dated December 12, 2011.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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