Montoya v. Newman et al

Filing 16

MINUTE ORDER granting 14 Unopposed Motion For Leave To Amend Partial Motion To Dismiss; granting 15 Motion For Extension of Time To Respond To Defendants' Amended Motion To Dismiss. That county defendants' Amended Partial Motion To Dismiss [# 14 -2] is accepted for filing. That plaintiff shall have until October 3, 2012, in which to file a response to defendant's amended partial motion to dismiss. By Judge Robert E. Blackburn on 09/12/2012.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-02362-REB-KLM
RAYMOND MONTOYA,
Plaintiff,
v.
BRUCE NEWMAN, in his official capacity as the Sheriff of Huerfano County Jail,
LARRY GARBISO,
DOE #1-2, detention officer at Huerfano County Jail,
DOE #1-2, medical staff member at Huerfano County Jail, and
DR. NEECE,
Defendants.
MINUTE ORDER1

The following motions are before the court for consideration: (1) defendants
Newman and Garbiso’s (county defendants) Unopposed Motion For Leave To Amend
Partial Motion To Dismiss [#14] filed September 10, 2012; and (2) plaintiff’s Motion
For Extension of Time To Respond To Defendants’ Amended Motion To Dismiss
[#15] filed September 10, 2012. After reviewing both motions and the record, the court
has concluded that the motions should be granted.
THEREFORE, IT IS ORDERED as follows:
1. That county defendants’ Unopposed Motion For Leave To Amend Partial
Motion To Dismiss [#14] filed September 10, 2012, is GRANTED;
2. That county defendants are granted leave to amend their partial motion to
dismiss for the purpose of including the FED. R. CIV. P. 12(b)((6) standard;
3. That county defendants’ Amended Partial Motion To Dismiss [#14-2] is
accepted for filing.

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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.

4. That plaintiff’s Motion For Extension of Time To Respond To Defendants’
Amended Motion To Dismiss [#15] filed September 10, 2012, is GRANTED; and
5. That plaintiff shall have until October 3, 2012, in which to file a response to
defendant’s amended partial motion to dismiss.
Dated: September 12, 2012

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