Dodds v. Trinity Group et al

Filing 27

ORDER DENYING as moot the 23 Motion to Dismiss Pueblo County Sheriff Kirk Taylor, by Magistrate Judge Boyd N. Boland on 8/26/14.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 14-cv-00125-RM-BNB
FLOYD E. DODDS,
Plaintiff,
v.
TRINITY GROUP, and
PUEBLO COUNTY SHERIFF’S DEPARTMENT,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter is before me on the Motion to Dismiss Pueblo County Sheriff Kirk Taylor
[Doc. #23, filed 08/14/2014] (the “Motion”). The Motion is DENIED as moot.
The plaintiff filed his First Amended Complaint on April 16, 2014 [Doc. #15]. On July
10, 2014, the court dismissed several defendants, including Pueblo County Sheriff Kirk Taylor
[Doc. #20]. On July 25, 2014, Sheriff Taylor was inadvertently served with a Summons and a
copy of the First Amended Complaint [Docs. ##21 and 26].
On August 14, 2014, Sheriff Taylor filed the instant Motion requesting that he be
dismissed from this action and that the caption be corrected to remove his name as a defendant.
Sheriff Taylor previously was dismissed from the action and no claims remain pending against
him. He no longer is a defendant in the action and is not required to answer or otherwise
respond to the First Amended Complaint.
IT IS ORDERED that the Motion [Doc. #23] is DENIED as moot.

Dated August 26, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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