Walker v. Hickenlooper et al
MINUTE ORDER granting 70 Motion to Clarify, by Magistrate Judge Nina Y. Wang on 02/05/16.(nmarb, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01062-NYW
ARISTEDES W. ZAVARAS, in his Official Capacity,
RICK RAEMISCH, in his Official Capacity,
KEVIN MILYARD, in his Individual and Official Capacity,
JAMES FALK, in his Official Capacity,
JOHN CHAPDELAIN #10277, in his Individual and Official Capacity,
JAMIE SOUCIE #12620, in her Official Capacity,
JULIE FULLER, #10068, in her Official Capacity,
MARSHALL GRIFFITH #14298, in his Official Capacity,
ASTRIA LOMBARD #14539, in her Official Capacity, and
JANE DOE, in her Individual and Official Capacity,
Entered By Magistrate Judge Nina Y. Wang
This matter is before the court on Defendants Hickenlooper and Ritter’s Motion to
Clarify Minute Order [DOC #67] (“Motion to Clarify”). [#70, filed February 4, 2016].
This court incorrectly identified Mr. Hickenlooper and Mr. Ritter as current parties to this
litigation in its January 28, 2016 Minute Order (“Minute Order”) setting the deadline by which
Defendants should file an Answer to the Amended Complaint and Response to Plaintiff’s
Motion. See [#67]. Mr. Hickenlooper and Mr. Ritter were dismissed with prejudice by
Magistrate Judge Boland’s Order dated October 9, 2014 [#48], which dismissal was
subsequently affirmed by the United States Tenth Circuit in Walker v. Hickenlooper, --- F.
A’ppx ----, 2015 WL 5847486, at *6 (10th Cir. Oct. 8, 2015).
In addition, and not specifically addressed in the Minute Order, the CDOC Defendants
were each sued in their official and personal capacity. See [#6]. The Tenth Circuit affirmed
Judge Boland’s dismissal of the CDOC Defendants in their personal capacity except as to
Defendants Milyard, Chapdelaine, and Jane Doe. Walker, 2015 WL 5847486, at *7. The Tenth
Circuit specifically reserved discussion of, and remanded for further proceedings, the officialcapacity claims for declaratory and injunctive relief. See id. at *1, 7. Accordingly,
IT IS ORDERED that the Motion to Clarify [#70] is GRANTED:
1. Mr. Hickenlooper and Mr. Ritter are no longer defendants in this matter and need not file
an Answer to the Amended Complaint [#6] nor file a Response to Plaintiff’s Motion
2. The instruction for the CDOC Defendants contained in the Minute Order [#67] remains
3. The Clerk of the Court is directed to amend the caption so as to reflect that Mr.
Hickenlooper and Mr. Ritter have been terminated from this case;
4. The Clerk of the Court is further directed to amend the caption so as to reflect that the
following Defendants are proceeding in their official capacity only: Zavaras, Raemisch,
Falk, Soucie, Griffith, Fuller and Lombard; and
5. A Status Conference remains set for March 2, 2016, at 9:30 a.m. in Courtroom C-204,
2d Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver,
Plaintiff and his case manager shall contact the court at (303) 335-2600 on the above
date and at the designated time in order to participate.
IT IS FURTHER ORDERED that a copy of this Minute Order is to be sent to the
CASE MANAGER FOR
TYRONE WALKER #97763
STERLING CORRECTIONAL FACILITY
PO BOX 6000
STERLING, CO 80751
DATED: February 5, 2016
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