Handy v. Cummings et al

Filing 60

MINUTE ORDER denying 56 Motion for Court Ordered Service of Summons and the Second Amended Complaint on the Defendants by Magistrate Judge Kathleen M. Tafoya on 06/08/11.(jjh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 11–cv–00581–WYD–KMT

WYATT T. HANDY JR.,
Plaintiff,
v.
SGT. CUMMINGS, individual & official capacity,
DEP. WENDELBURG, individually,
DEP. THAO, individually,
DEP. LIGON, individually,
DEP. ELLEDGE, individually,
DEP. GIRRARD, individually,
MRS. GRETCHEN, individual & official capacity,
WOOD, individual & official capacity,
MRS. MOLLENDOR, individually,
DEP. LITWILER, individually,
NANCY, individual & official capacity,
DEP. MORRISON, individual,
DEP. KRAUS, individual,
DEP GALLEGOS, individual,
DEP. HUNT, individual, and
SGT. CLARK, individual & official capacity,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
This matter is before the court in Plaintiff’s “Motion for Court Ordered Service of Summons and
the Second Amended Complaint on the Defendants.” (Doc. No. 56, filed 6/7/2011.) On May 5,
2011, Plaintiff filed a motion for leave to amend the complaint. (Doc. No. 34.) In the present
motion he states that, on May 5, 2011, he “filed and served a ‘second’ amended complaint with
this court . . . .” (Doc. No. 56 at 1.) Plaintiff has not received leave to file a second amended
complaint. Moreover, all Defendants, except Defendant Morrisson, have been served with

Plaintiff’s Amended Complaint and defense counsel recently filed an answer on their behalf.
Accordingly, if Plaintiff’s motion for leave to amend is granted, Defendants will receive service
through the Court’s electronic case filing (ECF) system. The motion is DENIED.
Dated: June 8, 2011.

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