Ervin v. Wilson et al

Filing 43

MINUTE ORDER denying as moot plaintiff Bruce Ervin's 42 Motion for Reconsideration Pursuant to Fed.R.Civ.P. 59(e). By Judge Philip A. Brimmer on 6/5/13.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-02602-PAB-MEH
BRUCE ERVIN,
Plaintiff,
v.
WILSON, D.C.,
HEALTH SERVICES ADMINISTRATOR KELLER,
LISA GREGORY, and
Five John Does,
Defendants.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on plaintiff Bruce Ervin’s Motion for
Reconsideration Pursuant to Fed.R.Civ.P. 59(e) [Docket No. 42]. Plaintiff requests that
the Court amend its May 24, 2013 Order [Docket No. 40] “to reflect the decision that the
defendants be required to answer all the allegations set forth in the amended complaint
and that Mr. Keller remain a defendant.” Docket No. 42 at 2. Plaintiff seeks relief that
he has already obtained: the Court’s Order granted defendant Keller’s motion to
dismiss solely with respect to plaintiff’s initial complaint and did not dismiss defendant
Keller from the case. Rather, the Order accorded Mr. Ervin an opportunity to file an
amended complaint, which he has done and which the Court has accepted. See
Docket No. 39. Defendant Keller is obligated to respond to this complaint as he
remains a party to this case. Wherefore, it is
ORDERED that plaintiff Bruce Ervin’s Motion for Reconsideration Pursuant to
Fed.R.Civ.P. 59(e) [Docket No. 42] is DENIED as moot.
DATED June 5, 2013.