Berry v. City of Montrose, Colorado et al.

Filing 35

ORDER. ORDERED that the Unopposed Motion to Modify/Correct Order of Dismissal [Docket No. 34] is GRANTED. ORDERED that plaintiffs first claim for relief is dismissed with prejudice by Judge Philip A. Brimmer on 03/16/15.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 13-cv-01138-PAB-KMT
ROBERT SCOTT BERRY,
Plaintiff,
v.
CITY OF MONTROSE, COLORADO,
MICHAEL L. WATSON, Detective, Montrose Police Department, in his official capacity,
LARRY ABEYTA, Detective, Montrose Police Department, in his official capacity, and
GARY CORAM,
Defendants.

ORDER

This matter is before the Court on the Unopposed Motion to Modif y/Correct
Order of Dismissal filed by defendants the City of Montrose, Colorado, Michael L.
Watson, and Lenny Abeyta (“defendants”) [Docket No. 34]. On March 12, 2014, the
Court granted in part defendants’ motion to dismiss. Docket No. 30 at 13. The Court
dismissed plaintiff’s first claim for relief against defendants without prejudice and
dismissed plaintiff’s second claim for relief with prejudice. See id. Defendants request
that the Court dismiss plaintiff’s first claim for relief with prejudice. Good cause
appearing, it is
ORDERED that the Unopposed Motion to Modify/Correct Order of Dismissal
[Docket No. 34] is GRANTED. It is further
ORDERED that plaintiff’s first claim for relief is dismissed with prejudice.

DATED March 16, 2015.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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