Montoya v. Newman et al

Filing 207

ORDER granting 206 Stipulated Motion To Dismiss Defendant Garbiso, with Prejudice. By Judge Robert E. Blackburn on 8/6/2015. (mlace, )

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, and
DR. NEECE,
Defendants.

ORDER DISMISSING A PARTY
Blackburn, J.
The matter is before me on the Stipulated Motion To Dimiss Defendant
Garbiso, with Prejudice [#206]1 filed August 5, 2015. After careful review of the motion
and the file, I conclude that the motion should be granted and that the plaintiff’s claims
against defendant, Larry Garbiso, should be dismissed with prejudice.

THEREFORE, IT IS ORDERED as follows:
1. That the Stipulated Motion To Dimiss Defendant Garbiso, with Prejudice is
granted;
2. That plaintiff’s claims against defendant, Larry Garbiso, are dismissed with
prejudice with the parties to pay their own attorney fees and costs; and
3. That defendant, Larry Garbiso, is dropped as a party to this action, and the

1

“[#206]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

caption shall be amended accordingly.
Dated August 6, 2015, at Denver, Colorado.

BY THE COURT:

2