Morgan et al v. Clements et al
Filing
77
MINUTE ORDER granting 71 Plaintiffs' Motion For Order To Convert Motions To Dismiss To Motions For Summary Judgment or in the Alternative, For Leave to File a Second Amended Complaint. the motions to dismiss [#61 & #63] which were referred to the Honorable Magistrate Judge Kathleen M. Tafoya are unreferred and the referral is withdrawn. By Judge Robert E. Blackburn on 2/4/13. (kfinn, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-00936-REB-KMT
JOHN MORGAN,
DUSTIN COOK,
PAUL STARK, and
JERROD THOELE,
Plaintiffs,
v.
TOM CLEMENTS, Executive Director of the Colorado Department of Corrections, in his
official capacity,
JEFFREY WELLS, Community Parole Officer, in his individual and official capacities,
JIM KELLER, Colorado Department of Corrections Parole Team Leader, in his
individual and official capacities,
LIESL SCHUMACHER, Colorado Department of Corrections Parole Supervisor, in his
individual and official capacities, and
JOHN OREY, Colorado Department of Corrections Parole Supervisor, in his individual
and official capacities,
Defendants.
MINUTE ORDER1
The matter is before the court on Plaintiffs’ Motion For Order To Convert
Motions To Dismiss To Motions For Summary Judgment or in the Alternative, For
Leave to File a Second Amended Complaint [#71]2 filed February 1, 2013. The
motion is granted. Under FED. R. CIV. P. 12(d), the defendants’ motions to dismiss [#61
& #63] are converted to motions for summary judgment to be resolved under FED. R.
CIV. P. 56. In their replies in support of their motions, the defendants shall have the
opportunity to present all materials they deem pertinent to the converted motions.
1
This minute order is issued pursuant to the express authority of the Honorable Robert E.
Blackburn, United States District Judge for the District of Colorado.
2
“[#71]” is an example of the convention I use to identify the docket number assigned to a specific
paper by the court’s electronic case filing and management system (CM/ECF). I use this convention
throughout this order.
IT IS FURTHER ORDERED that the motions to dismiss [#61 & #63] which were
referred to the Honorable Magistrate Judge Kathleen M. Tafoya are unreferred and the
referral is withdrawn.
Dated: February 4, 2013
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?